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.
Georgia Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached In Georgia, when a property is attached in an attachment proceeding due to a court judgment, it is possible for the owner of the property or a third party to file a Motion for Release of Property from Levy. This motion is specifically used in cases where the amount attached exceeds the judgment debt, requiring the excess amount to be released. Different Types of Georgia Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached: 1. Georgia Motion for Release of Property from Levy Based on Excessive Attachment: This type of motion is filed when the amount attached in the attachment proceedings exceeds the actual judgment debt. The motion seeks to release the excess amount and protect the rights of the property owner or third party whose property has been levied. 2. Georgia Motion for Release of Specific Property from Levy: This motion is filed to request the release of a specific property rather than the entire attachment. It may be argued that the attached property is either not subject to attachment or that the value of the property exceeds the amount of the judgment debt, thereby warranting the release of that particular property from the levy. 3. Georgia Motion for Release of Property from Levy Based on Error or Mistake: This motion is filed when there is an error or mistake made in the attachment proceedings that led to the excessive amount being levied against the property. The motion aims to rectify the mistake and request the court to release the property from the improper levy. 4. Georgia Motion for Release of Property from Levy Based on Bankruptcy Status: If the property owner or a third party has filed for bankruptcy, this motion can be filed to request the release of the property from the attachment levy. The argument is that due to the bankruptcy filing, the property should no longer be subject to attachment or should be exempt from the attachment process. 5. Georgia Motion for Release of Property from Levy Based on Undue Hardship: In certain cases, the excessive attachment of property may cause undue hardship for the property owner or a third party. This motion is filed to demonstrate the hardship caused and request the court to release the property from the levy, considering the circumstances. In summary, a Georgia Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached can be filed for various reasons, including excessive attachment, errors or mistakes, bankruptcy status, or undue hardship. These motions play a crucial role in protecting the rights and interests of property owners and third parties involved in attachment proceedings in Georgia.
