A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.
Hillsborough Florida Motion to Release Property from Levy upon Filing Bond
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How to fill out Motion To Release Property From Levy Upon Filing Bond?
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FAQ
While it may be challenging to avoid paying a judgment in Florida, there are legal strategies to explore. You can negotiate a settlement or payment plan with the creditor. Additionally, pursuing the Hillsborough Florida Motion to Release Property from Levy upon Filing Bond can prevent property seizure, allowing you to retain your assets while addressing the judgment.
A Writ of Possession may be issued, after a Final Judgment of eviction has been entered by the Court. The issued Writ of Possession is then delivered to the Sheriff's office to be served upon the Tenant and who, if necessary, will forcibly evict the Tenant after 25 hours from the time of service.
78.01 Right of replevin. Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided.
Replevin, also known as a claim and delivery, is a legal recourse that allows a person to obtain any personal property that was wrongfully claimed. The remedy is given before the court pronounces the final judgment and the wronged party is also compensated for any losses incurred due to the illegal act.
(1) In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours' notice conspicuously posted on the premises.
Basic steps for getting a Writ of Replevin. Prepare a Complaint for Replevin.Prepare Replevin Summons (Notice to Appear in Court). File the original documents with the court. Serve copies of each document on the defendant(s). If the defendant does not respond within 20 days, file for a default.
In Florida, it is 24 hours. If the property is not vacated within the time frame, the Sherriff can then physically remove all persons and belongings from the property.
However, if the sheriff does not have reasonable grounds to believe that the property to be replevied is secreted or concealed in any dwelling house or other building or enclosure, the plaintiff may petition the court for a break order directing the sheriff to enter physically any dwelling house or other building or
Levy: The process of seizing a judgment debtor's property to pay the judgment debt. In Florida, the sheriff's department levies the property. The sheriff's department sells the levied property in order to pay the creditor.
Replevin is a legal action where you are for the return of personal property, with possible damages. Detinue is a legal action for the return of personal property OR the property's value, plus possible damages.