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North Carolina Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment

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US-03320BG
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An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.


It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer's consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.


North Carolina Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment is a legal document used in North Carolina courts to request the release of property owned jointly by two or more individuals from an attachment. An attachment is a legal mechanism used to seize property as security for a pending lawsuit. The purpose of this affidavit is to provide supporting evidence and justifications for the release of joint owners' property from the attachment. It is essential to include relevant keywords to ensure the affidavit is comprehensive and addresses all necessary aspects of the case. Some relevant keywords to include are: 1. North Carolina: This keyword highlights the jurisdiction where the affidavit is being filed, indicating adherence to state laws and regulations. 2. Affidavit: The affidavit is a sworn statement of facts, made under oath, to support the motion for property release. 3. Motion for Release: Refers to the legal request made to the court, asking for the release of the property from attachment. 4. Joint Owners: Indicates that the property is owned by multiple individuals who share ownership rights and responsibilities. 5. Property: Refers to any tangible or intangible assets that are subject to the attachment and seeking release. Different types of North Carolina Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment may exist based on specific circumstances. Some possible variations are: 1. Real Estate Affidavit: If the property is real estate, this affidavit could address matters related to joint ownership, such as land or residential property. 2. Personal Property Affidavit: If the property subject to attachment is personal belongings or assets, this affidavit would focus on tangible items like vehicles, jewelry, or furniture. 3. Financial Accounts Affidavit: If the attachment involves joint bank accounts, investment portfolios, or any other financial assets, this type of affidavit would address these specific matters. 4. Business Assets Affidavit: If the attachment relates to a jointly owned business or commercial enterprise, this affidavit would address issues pertinent to business assets, such as equipment, inventory, or intellectual property. It is important to consult with a legal professional to determine the appropriate type of affidavit needed for a specific case, as well as to ensure compliance with North Carolina laws and regulations.

North Carolina Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment is a legal document used in North Carolina courts to request the release of property owned jointly by two or more individuals from an attachment. An attachment is a legal mechanism used to seize property as security for a pending lawsuit. The purpose of this affidavit is to provide supporting evidence and justifications for the release of joint owners' property from the attachment. It is essential to include relevant keywords to ensure the affidavit is comprehensive and addresses all necessary aspects of the case. Some relevant keywords to include are: 1. North Carolina: This keyword highlights the jurisdiction where the affidavit is being filed, indicating adherence to state laws and regulations. 2. Affidavit: The affidavit is a sworn statement of facts, made under oath, to support the motion for property release. 3. Motion for Release: Refers to the legal request made to the court, asking for the release of the property from attachment. 4. Joint Owners: Indicates that the property is owned by multiple individuals who share ownership rights and responsibilities. 5. Property: Refers to any tangible or intangible assets that are subject to the attachment and seeking release. Different types of North Carolina Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment may exist based on specific circumstances. Some possible variations are: 1. Real Estate Affidavit: If the property is real estate, this affidavit could address matters related to joint ownership, such as land or residential property. 2. Personal Property Affidavit: If the property subject to attachment is personal belongings or assets, this affidavit would focus on tangible items like vehicles, jewelry, or furniture. 3. Financial Accounts Affidavit: If the attachment involves joint bank accounts, investment portfolios, or any other financial assets, this type of affidavit would address these specific matters. 4. Business Assets Affidavit: If the attachment relates to a jointly owned business or commercial enterprise, this affidavit would address issues pertinent to business assets, such as equipment, inventory, or intellectual property. It is important to consult with a legal professional to determine the appropriate type of affidavit needed for a specific case, as well as to ensure compliance with North Carolina laws and regulations.

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This value includes all movable assets?for example, vehicles, jewelry, and livestock. Intangible assets, such as stocks, bonds, and bank accounts, also form part of the decedent's personal property.

Claim and Delivery. § 1-472. Claim for delivery of personal property. The plaintiff in an action to recover the possession of personal property may claim the immediate delivery of the property as provided in this Article at any time before the judgment in the principal action.

If a debtor has filed for bankruptcy or has otherwise failed to live up to the terms of their agreement with a creditor, the creditor may be able to protect their financial position by filing a replevin action. This type of action is also often referred to as a Claim and Delivery.

What is The Affidavit for Collection of Personal Property? ing to the North Carolina statute § 28A-25-1, a heir can settle a deceased person's estate without going through probate by applying for the Affidavit for Collection of Personal Property of the Decedent (form AOC-E-203B).

Claiming Property With a Small Estate Affidavit Sign the document. Get it notarized. Attach a copy of the will (if there is a will) File the completed affidavit with the local probate (superior) court in the North Carolina county where the deceased person lived.

North Carolina considers ?small estates? to be any estate valued at less than $20,000.00 (or $30,000.00 if the only beneficiary is a surviving spouse). You do not have to count real property or certain retirement accounts and life insurance policies if they already include a named beneficiary.

A North Carolina small estate affidavit is a document that allows an individual to petition for all or a portion of a deceased person's estate. The petitioner, or affiant, can only use this affidavit if they have a lawful claim to the estate.

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List everything you owned as of the date of the separation., but be reasonable about details. List all the items, vehicles, bank accounts, debts, insurance cash ... The undersigned affiant, applying for an order of attachment and being first duly sworn, says that an action has been or is about to be commenced to secure ...Sep 1, 2009 — However, usually a plaintiff does not seek attachment unless he or she knows of some property in North Carolina that the sheriff can reach ... Sep 1, 2009 — affidavit that they are each worth double the value of the property. 3. A third party may intervene without giving a bond if the third party. Affidavit and requisites. Where a delivery is claimed, an affidavit must be made before the clerk of the court in which the action is required to be tried ... In such cases, the affidavit shall state: (i) the name and address of the affiant and the fact that the affiant is the surviving spouse and is entitled, under ... (a) Any person desiring the benefit of constructive notice of pending litigation must file a separate, independent notice thereof, which notice shall be cross- ... Following the authorized sale the lienor shall file with the clerk a report in the form of an. Page 6. NC General Statutes - Chapter 44A. 6 affidavit, stating ... Dec 1, 2017 — The Local Civil Rules of the United States District Court for the Eastern District of. North Carolina apply to all civil cases, ... Nov 18, 2020 — These forms explain the available statutory exemptions to the debtor and provide instructions for the debtor to claim her exemptions by ...

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North Carolina Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment