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Kentucky 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 Kentucky Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal document that individuals or entities in Kentucky can utilize when they believe that the property seized by a levy in an attachment proceeding exceeds the amount necessary to satisfy the debt or claim against them. This motion allows them to request the court to release the surplus property back to them. Keywords: Kentucky, Motion for Release of Property, Levy, Attachment Proceeding, Excess Amount Attached, legal document, debt, claim, court, surplus property. Different Types of Kentucky Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached: 1. Individual Motion for Release of Property: This type of motion is filed by an individual who believes that the amount of property seized by the levy is greater than what is required to settle their debt or claim. 2. Business Entity Motion for Release of Property: This variation of the motion is filed by a business entity, such as a corporation or partnership, when they believe that the property seized exceeds the necessary amount needed to satisfy their debt or claim. 3. Real Estate Attachment Motion for Release of Property: In cases where real estate property has been seized by a levy in an attachment proceeding, this specific motion is used to request the release of the excess property back to the owner. 4. Personal Property Attachment Motion for Release of Property: When personal property, such as vehicles, equipment, or valuable assets, have been levied and the owner believes that the amount seized is more than necessary, this motion is employed to seek the release of the surplus property. 5. Bank Account Attachment Motion for Release of Property: If a bank account has been attached due to a debt or claim, this motion can be utilized to request the court to release the excess funds held in the account. Remember, it is crucial to consult with a qualified attorney or legal professional familiar with Kentucky laws and procedures to properly draft and file a Motion for Release of Property in an Attachment Proceeding Due to Excess Amount Attached.

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Kentucky Judgments (both domestic and foreign judgments domesticated in Kentucky) are valid for fifteen (15) years and can be renewed. See KRS 413.090. The statute begins to run from the date execution was last issued.

A judgment lien in Kentucky will remain attached to the debtor's property (even if the property changes hands) for 15 years.

Tax liens are involuntary and occur when a homeowner does not pay their federal, state, or local taxes. If this happens, a tax lien is placed against your property. This lien takes priority over all other liens and stays there until the debt is completely paid.

376.160 Priority of liens -- Persons not deemed employees. Any lien provided for in KRS 376.150 and 376.180 shall be superior to the lien of any mortgage or other encumbrance thereafter created, and shall be for the whole amount due the employees as such, or due for such materials or supplies.

What is judgment enforcement? After you have sued your debtor and won, the court may award you a money judgment or order. If the judgment debtor fails to pay the amount ordered by the court, the judgment creditor will have to apply Enforcement of Judgment Law to enforce the judgment.

Tax Lien. A tax lien is an involuntary lien placed on your property if you fail to pay state or federal taxes. Tax liens are given priority over all other liens, which means they must be paid first.

Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Kentucky, a judgment lien can be attached to real estate only (i.e., a house or similar property interest).

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... a Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached? US Legal Forms eliminates the wasted time an incredible ... for filing direct appeals in the case (and related or ancillary proceedings) or a petition for a writ of ... if the amount to be released does not exceed 15% of.KRS Chapter 426. Includes enactments through the 2023 Regular Session. The KRS database was last updated on 11/06 ... Jul 12, 2001 — While KRS 396.135 provides that no execution or levy may be made against the property ofa decedent, the statute also provides that it is not ... ... attachment be quashed and any property taken, or attached, be released from the attachment. Such application shall be made by noticed motion. A defendant making ... to do something related to your case, YOU MUST FILE A MOTION. You cannot obtain relief from the Court by calling the Judge or Clerk of Court. A motion is a ... A judgment lien attaches to tangible personal property by way of levy. ... excess of what it will cost to pursue the assets. There is no question that fraudulent ... by DG Carlson · 1984 · Cited by 59 — (3) A "lien creditor" means a creditor who has acquired a lien on the property involved by attachment, levy or the like and includes an assignee for benefit of. ... the due issuance and levy of such attachment. The writ of attachment ... the property attached was released and delivered to the defendant in the attachment. by A Phillips — of a substantial portion of the amount due, relinquished possession of the premises by ... at § 18. 17 Id. at § 20. For the tenant's right to release the property ...

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