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Alaska Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

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Attachment in legal terminology means a preliminary legal seizure of property to force compliance with a decision which may be obtained in a pending suit. Before a final judgment is issued, the court may order the sheriff or other proper officer to seize any property; credit, or right, belonging to the defendant, in whatever hands the same may be found, to satisfy the claim which the plaintiff has against him. In some states, an order of attachment can only be issued when a debtor is shown to be fleeing or concealing themselves from the legal process, so that the attached property can satisfy a judgment that may be awarded in the complainant's favor. In criminal law practice, it may refer to a writ requiring a sheriff to apprehend a particular person, who has been guilty of a contempt of court, and to bring the offender before the court.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


Alaska Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached A motion for release of property from levy in an attachment proceeding can be filed in Alaska under specific circumstances. This motion is typically submitted when the amount attached to a property in a levy exceeds the actual amount owed, and the excess amount should therefore be released. Keywords: Alaska, motion for release of property, levy, attachment proceeding, excess amount attached Types of Alaska Motions for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached: 1. Alaskan Motion for Release of Property from Levy based on Excess Amount Attached This particular type of motion is filed when the amount attached to the property in a levy is demonstrably more than the rightful amount owed. It seeks the release of the excess amount from the levy, ensuring fair and just execution of the attachment proceeding. 2. Alaska Motion for Release of Property from Levy in Attachment Proceeding due to Judicial Error In instances where a judicial error resulted in an inflated amount being attached to the property, this motion is filed to request the prompt release of the excess amount. It highlights the error made during the attachment proceeding and demands a correction to avoid an unjust burden on the property owner. 3. Alaska Motion for Release of Property from Levy in Attachment Proceeding based on Valid Dispute Sometimes, a property owner may have a valid dispute regarding the amount claimed in the attachment proceeding. This motion is filed to argue that the disputed portion should be released from the levy until the dispute is resolved through proper legal channels. It ensures that the property is not unjustly burdened while the dispute is being resolved. 4. Alaska Motion for Release of Property from Levy in Attachment Proceeding based on Exempt Property In certain cases, specific types of property are exempt from levy as per Alaska state laws. This motion is filed to request the release of property that falls under the exempt category, arguing that it should not have been subject to the attachment proceeding in the first place. It safeguards the property owner's rights and protects exempt assets from being wrongfully seized. 5. Alaska Motion for Release of Property from Levy in Attachment Proceeding due to Inadequate Notice If the property owner believes that they were not adequately notified of the attachment proceeding, this motion can be filed to request the release of property from the levy. It claims that the lack of sufficient notice deprived the property owner of their due process rights and seeks the removal of the levy to rectify this violation. By utilizing these Alaska motions for release of property from levy in attachment proceeding, property owners can protect their rights and ensure fair execution of the law. It is important to consult an attorney or legal professional when filing such motions to maximize chances of success.

Alaska Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached A motion for release of property from levy in an attachment proceeding can be filed in Alaska under specific circumstances. This motion is typically submitted when the amount attached to a property in a levy exceeds the actual amount owed, and the excess amount should therefore be released. Keywords: Alaska, motion for release of property, levy, attachment proceeding, excess amount attached Types of Alaska Motions for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached: 1. Alaskan Motion for Release of Property from Levy based on Excess Amount Attached This particular type of motion is filed when the amount attached to the property in a levy is demonstrably more than the rightful amount owed. It seeks the release of the excess amount from the levy, ensuring fair and just execution of the attachment proceeding. 2. Alaska Motion for Release of Property from Levy in Attachment Proceeding due to Judicial Error In instances where a judicial error resulted in an inflated amount being attached to the property, this motion is filed to request the prompt release of the excess amount. It highlights the error made during the attachment proceeding and demands a correction to avoid an unjust burden on the property owner. 3. Alaska Motion for Release of Property from Levy in Attachment Proceeding based on Valid Dispute Sometimes, a property owner may have a valid dispute regarding the amount claimed in the attachment proceeding. This motion is filed to argue that the disputed portion should be released from the levy until the dispute is resolved through proper legal channels. It ensures that the property is not unjustly burdened while the dispute is being resolved. 4. Alaska Motion for Release of Property from Levy in Attachment Proceeding based on Exempt Property In certain cases, specific types of property are exempt from levy as per Alaska state laws. This motion is filed to request the release of property that falls under the exempt category, arguing that it should not have been subject to the attachment proceeding in the first place. It safeguards the property owner's rights and protects exempt assets from being wrongfully seized. 5. Alaska Motion for Release of Property from Levy in Attachment Proceeding due to Inadequate Notice If the property owner believes that they were not adequately notified of the attachment proceeding, this motion can be filed to request the release of property from the levy. It claims that the lack of sufficient notice deprived the property owner of their due process rights and seeks the removal of the levy to rectify this violation. By utilizing these Alaska motions for release of property from levy in attachment proceeding, property owners can protect their rights and ensure fair execution of the law. It is important to consult an attorney or legal professional when filing such motions to maximize chances of success.

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A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

Rule 45(b), Alaska Rules of 08 Criminal Procedure, is amended to read: 09 (b) Speedy Trial Time Limits. A defendant charged with a felony, a 10 misdemeanor, or a violation shall be tried within 70 [120] days from the time set forth 11 in paragraph (c) of this rule.

Rule 11 - Pleas (a)Alternatives. A defendant may plead not guilty, guilty or nolo contendere. If a defendant refuses to plead, stands mute, or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.

Rule 33 - New Trial (a)Grounds. The court may grant a new trial to a defendant if required in the interest of justice. (b)Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment.

Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

Rule 82 - Attorney's Fees (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.

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If the property has not yet been seized, you may want to wait to fill out the CLAIM OF EXEMPTIONS form until you know exactly what has been seized. force or effect and the property attached shall be released from the operation of the writ at the expiration of six (6) months from the date of the issuance ...The plaintiff shall file a motion with the court requesting the writ of attachment, together with an affidavit showing: (1) That the action is one upon an ... The procedure shall be as follows: (1) The judgment creditor shall file a motion supported by affidavit with the court where the judgment is entered for leave ... Etheredge moved to quash the writ of attachment on July 28, 1970. His motion was denied, whereupon he filed a separate class action against Bradley seeking ... Dec 20, 2018 — 040 may waive the right to recover the excess amount and elect to proceed under this Part II, by filing a written waiver of the excess amount. the property affected hy the levy, i!,dgmeuta attachment: or other I ien shall be deemed wholly discharged and released. -.' °r.;;,';"from the same and shall ... "Civil process" includes any summons, subpoena, attachment, notice of levy, intent to levy or garnishment, execution, or other writ in a civil action, but does ... attachment in Buits for, against party ha.ving possession of freight or other proceeds of property attached in proceedings in rem.. 38. 93. Maritime causes ... by JG Levy · Cited by 18 — 3 Taken as a whole, the cases demonstrate that when property is seized, garnished, sequestered, or attached before a judgment, due process entitles the owner to ...

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Alaska Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached