A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.
A New Hampshire Motion to Release Property from Levy upon Filing Bond is a legal document filed in the state of New Hampshire to request the release of property that has been placed under levy due to tax delinquency or other outstanding debt. This motion is typically filed when the property owner wishes to regain possession and control over the levied property by posting a bond that guarantees payment of the debt. In New Hampshire, there are different types of motions to release property from a levy upon filing a bond, depending on the specific situation. Some common types of these motions include: 1. Motion to Release Real Property from Levy upon Filing Bond: This type of motion is used when real estate or land has been levied, and the property owner wants to secure its release by submitting a bond equal to the amount of the debt. 2. Motion to Release Personal Property from Levy upon Filing Bond: If personal property, such as vehicles, jewelry, or other assets, has been seized through a levy, the property owner can file this motion to request the release of their belongings by posting a bond. 3. Motion to Release Bank Account from Levy upon Filing Bond: In the case of a bank levy, where funds held in a bank account have been frozen, a motion can be filed to release the account from levy by providing a bond that covers the outstanding debt. The process for filing a New Hampshire Motion to Release Property from Levy upon Filing Bond typically involves the following steps: 1. Prepare the motion: The motion should include pertinent details about the levied property, the amount of the debt, and the proposed bond amount. 2. Attach supporting documentation: It is essential to include any relevant documentation, such as copies of the delinquency notice, levy notice, or any other information required by the court. 3. File the motion: The completed motion, along with any supporting documents, must be filed with the appropriate court in New Hampshire. Filing fees may apply. 4. Serve the motion: Proper legal service of the motion must be made to all parties involved, including the tax authorities or creditors. 5. Attend the hearing: A hearing will be scheduled, allowing the property owner to present their case. It is crucial to attend the hearing with all necessary evidence and documentation to support the bond request. 6. Await the court's decision: After the hearing, the court will review the motion and make a decision regarding the release of the property upon filing the bond. If approved, the property owner can proceed with posting the required bond. It is important to understand that this description provides a general overview of a New Hampshire Motion to Release Property from Levy upon Filing Bond. Consulting with an attorney who specializes in tax law or debt resolution in New Hampshire is recommended for accurate and personalized advice in specific cases.A New Hampshire Motion to Release Property from Levy upon Filing Bond is a legal document filed in the state of New Hampshire to request the release of property that has been placed under levy due to tax delinquency or other outstanding debt. This motion is typically filed when the property owner wishes to regain possession and control over the levied property by posting a bond that guarantees payment of the debt. In New Hampshire, there are different types of motions to release property from a levy upon filing a bond, depending on the specific situation. Some common types of these motions include: 1. Motion to Release Real Property from Levy upon Filing Bond: This type of motion is used when real estate or land has been levied, and the property owner wants to secure its release by submitting a bond equal to the amount of the debt. 2. Motion to Release Personal Property from Levy upon Filing Bond: If personal property, such as vehicles, jewelry, or other assets, has been seized through a levy, the property owner can file this motion to request the release of their belongings by posting a bond. 3. Motion to Release Bank Account from Levy upon Filing Bond: In the case of a bank levy, where funds held in a bank account have been frozen, a motion can be filed to release the account from levy by providing a bond that covers the outstanding debt. The process for filing a New Hampshire Motion to Release Property from Levy upon Filing Bond typically involves the following steps: 1. Prepare the motion: The motion should include pertinent details about the levied property, the amount of the debt, and the proposed bond amount. 2. Attach supporting documentation: It is essential to include any relevant documentation, such as copies of the delinquency notice, levy notice, or any other information required by the court. 3. File the motion: The completed motion, along with any supporting documents, must be filed with the appropriate court in New Hampshire. Filing fees may apply. 4. Serve the motion: Proper legal service of the motion must be made to all parties involved, including the tax authorities or creditors. 5. Attend the hearing: A hearing will be scheduled, allowing the property owner to present their case. It is crucial to attend the hearing with all necessary evidence and documentation to support the bond request. 6. Await the court's decision: After the hearing, the court will review the motion and make a decision regarding the release of the property upon filing the bond. If approved, the property owner can proceed with posting the required bond. It is important to understand that this description provides a general overview of a New Hampshire Motion to Release Property from Levy upon Filing Bond. Consulting with an attorney who specializes in tax law or debt resolution in New Hampshire is recommended for accurate and personalized advice in specific cases.