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

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US-02741BG
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Description

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.

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FAQ

A party opposing a motion to dismiss must file a response within 28 days after the motion is served. (c) Reply by Moving Party. Leave of Court is not required to file a reply to a response to a motion to dismiss. Replies must be filed within 14 days after the response is served.

RULE 60. Clerical mistakes in judgments, orders or other parts of the record, and errors therein arising from oversight or omissions, may be corrected by the court at any time on its own initiative or on motion of any party and after such notice, if any, as the court orders.

A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that some court document such as a subpoena was not issued or delivered following the required procedure. For example, a party that receives improper service of process may file a motion to quash.

RULE 45. Every subpoena shall be issued by the clerk, shall state the name of the court and the title of the action, and [shall] command each person to whom it is directed to attend and give testimony at the time and place and for the party therein specified.

On motion to quash or dismiss a writ of certiorari granted in lieu of an appeal, issue may be taken and proof heard upon the facts alleged in the petition as ground for not appealing, which issue shall thereupon be determined by the court.

If a person served with a subpoena wishes to challenge it for any reason, a motion to quash or modify must be filed within fourteen days of service, unless the time for compliance is less than fourteen days from the date of service, in which event the motion to quash or modify must be filed before the date and time ...

How long does a judgment lien last in Tennessee? A judgment lien in Tennessee will remain attached to the debtor's property (even if the property changes hands) for ten years.

In all cases in which the supreme court may give judgment or decree through inadvertence and oversight, when upon the face of the record no cause of action existed against the party, the court may, upon its own motion, vacate the judgment or decree.

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