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Kansas 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.


A Kansas Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal document filed by a party seeking the return of their property which has been subjected to an attachment and levy due to a debt or judgement. This motion is specifically filed when the amount attached exceeds the actual debt owed, resulting in an excess amount that should be released back to the party whose property was levied. There are different types of Kansas Motions for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached, depending on the specific circumstances and type of property involved. Some of these motions may include: 1. Kansas Motion for Release of Real Estate from Levy: This motion is utilized when the property subjected to attachment and levy is real estate, such as a residential or commercial property. 2. Kansas Motion for Release of Personal Property from Levy: This motion applies when personal belongings, such as vehicles, furniture, electronics, or other movable assets are levied in excess of the outstanding debt. 3. Kansas Motion for Release of Bank Accounts from Levy: If a party's bank accounts have been frozen or attached due to an outstanding debt, and there is an excess amount, this motion is filed to release the funds beyond the debt owed. 4. Kansas Motion for Release of Wages from Levy: When an individual's wages or salary have been garnished or attached, resulting in an excess amount beyond the debt, this motion is submitted to release the excess wages. 5. Kansas Motion for Release of Investment Accounts from Levy: In cases where investment accounts, such as stocks, bonds, or mutual funds, have been subjected to attachment and levy in excess of the outstanding debt, this motion is filed to free up the surplus funds. The Kansas Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached must include detailed information regarding the nature of the attachment, the specific property involved, the amount of the outstanding debt, and the excess amount being claimed for release. This motion should also provide supporting evidence and legal arguments explaining why the excess amount should be returned. Keywords: Kansas, Motion for Release of Property from Levy, Attachment Proceeding, Excess Amount Attached, real estate, personal property, bank accounts, wages, investment accounts, legal document, outstanding debt, surplus funds, supporting evidence.

A Kansas Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal document filed by a party seeking the return of their property which has been subjected to an attachment and levy due to a debt or judgement. This motion is specifically filed when the amount attached exceeds the actual debt owed, resulting in an excess amount that should be released back to the party whose property was levied. There are different types of Kansas Motions for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached, depending on the specific circumstances and type of property involved. Some of these motions may include: 1. Kansas Motion for Release of Real Estate from Levy: This motion is utilized when the property subjected to attachment and levy is real estate, such as a residential or commercial property. 2. Kansas Motion for Release of Personal Property from Levy: This motion applies when personal belongings, such as vehicles, furniture, electronics, or other movable assets are levied in excess of the outstanding debt. 3. Kansas Motion for Release of Bank Accounts from Levy: If a party's bank accounts have been frozen or attached due to an outstanding debt, and there is an excess amount, this motion is filed to release the funds beyond the debt owed. 4. Kansas Motion for Release of Wages from Levy: When an individual's wages or salary have been garnished or attached, resulting in an excess amount beyond the debt, this motion is submitted to release the excess wages. 5. Kansas Motion for Release of Investment Accounts from Levy: In cases where investment accounts, such as stocks, bonds, or mutual funds, have been subjected to attachment and levy in excess of the outstanding debt, this motion is filed to free up the surplus funds. The Kansas Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached must include detailed information regarding the nature of the attachment, the specific property involved, the amount of the outstanding debt, and the excess amount being claimed for release. This motion should also provide supporting evidence and legal arguments explaining why the excess amount should be returned. Keywords: Kansas, Motion for Release of Property from Levy, Attachment Proceeding, Excess Amount Attached, real estate, personal property, bank accounts, wages, investment accounts, legal document, outstanding debt, surplus funds, supporting evidence.

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How to fill out Kansas Motion For Release Of Property From Levy In Attachment Proceeding Due To Excess Amount Attached?

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A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within fourteen (14) days after the service of such response in opposition upon him, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum.

Statute of repose in Kansas The statute of repose cuts off the right to take legal action after a specified period has elapsed, regardless of when the cause of injury occurred. This is different from the statute of limitations, which imposes time limits for legal action based on when a plaintiff suffered harm.

The fiduciary will typically be removed from his role of trust. If financial loss occurred because of the fiduciary's breach of duty, it is possible that the fiduciary will be held accountable for those losses and money will be awarded to those who were damaged which the fiduciary would have to pay.

The statute of limitations for a breach of fiduciary duty claim is five years in Missouri but only two years in Kansas. See R.S.Mo. § 516.120; K.S.A. § 60-513(a)(4).

Proving an Actual Breach of Fiduciary Duty Is Difficult In a personal injury case, proving a breach of duty is often the most contested part. Here, you must demonstrate what the fiduciary did that fell short of their duty.

Punitive damages are recoverable in breach of fiduciary duty cases. Cleveland v Johnson (2012) 209 CA4th 1315. Punitive damages are recoverable in a breach of fiduciary duty case when the plaintiff is able to prove by clear and convincing evidence that the breach was oppressive, fraudulent, or malicious.

Actions limited to two years. (a) The following actions shall be brought within two years: (1) An action for trespass upon real property. (2) An action for taking, detaining or injuring personal property, including actions for the specific recovery thereof.

Section 58-9a-201 - Fiduciary duties; general principles (a) In making an allocation or determination or exercising discretion under this act, a fiduciary shall: (1) Act in good faith, based on what is fair and reasonable to all beneficiaries; (2) administer a trust or estate impartially, except to the extent the terms ...

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60-712. Dissolution of attachment; hearing. (a) Motion to dissolve, how made. ... The court shall hold a hearing on the motion within seven days after the receipt ... A levy requested by a judgment creditor on property located within. Wyandotte ... own files, and place a red file on the shelf without a checkout card attached.Execute pre and post judgment orders and writs i.e. order of delivery (replevins), writ of attachment, restitution (eviction), levy by actual seizure of ... The California Law Revision Commission was authorized by. Resolution Chapter 202 of the Statutes of 1957 to study. "attachment, garnishment, and property ... The Personal Property Valuation Guide outlines procedures for valuing each subclass of personal property set forth in the Kansas Constitution. For an overview ... Motion to dissolve attachment, 60-712. Appraisal, personal property attached, 60 ... Retention of attached property, 60-707. Sales, perishable property, 60-710. Mar 14, 2009 — ... property is so conveyed or acquired, and the amount of tax due shall ... value is the basis upon which the property tax levy is allocated among ... by ROF PERSONS — three years rent, was held not to amount to a taking of property without due process of law, since it provided a new and more cer- tain remedy for a limited ... Oct 1, 2015 — A person other than the judgment debtor who claims an interest in property under levy may file a motion requesting that the property be released ... A.3 Amount to be released. For purposes of this chapter, the amount to be released means the value of the property at the time of settlement that a claimant ...

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