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.
Keywords: Texas, motion for release of property, levy, attachment proceeding, excess amount attached Description: A Texas Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal document filed by a party seeking to have their property released from a levy that has been placed on it during an attachment proceeding. This motion is typically filed when the amount of property being attached exceeds the amount owed by the party being sued. There are different types of Texas Motions for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached, depending on the specific circumstances of the case: 1. Homestead Exemption Motion: This type of motion is filed when the property in question is classified as a homestead, and the party seeks to have it released from the levy due to the excess amount attached. The Texas homestead laws provide homeowners with certain protections, and this motion aims to enforce those protections. 2. Personal Property Motion: In cases where personal property, such as vehicles, jewelry, or other valuable items, has been levied upon, a separate motion can be filed to request the release of specific items or the entire collection of personal property. 3. Real Property Motion: This motion is filed when the property subject to the attachment proceeding is real estate, such as land, residential or commercial buildings, or other physical structures. It seeks to have the excess amount attached released from the property. 4. Financial Account Motion: When the levy is placed on a financial account, such as a bank account or investment portfolio, a specific motion can be filed to request the release of the excess amount attached to the account. In each type of motion, the party filing the motion must provide detailed information about the property, the attachment proceeding, and the specific reasons why they believe the excess amount should be released. It is crucial to include relevant evidence and legal arguments to support the motion. Note: It is important to consult with a qualified attorney or legal professional to ensure that the motion is filed correctly and in accordance with Texas laws and procedures.Keywords: Texas, motion for release of property, levy, attachment proceeding, excess amount attached Description: A Texas Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal document filed by a party seeking to have their property released from a levy that has been placed on it during an attachment proceeding. This motion is typically filed when the amount of property being attached exceeds the amount owed by the party being sued. There are different types of Texas Motions for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached, depending on the specific circumstances of the case: 1. Homestead Exemption Motion: This type of motion is filed when the property in question is classified as a homestead, and the party seeks to have it released from the levy due to the excess amount attached. The Texas homestead laws provide homeowners with certain protections, and this motion aims to enforce those protections. 2. Personal Property Motion: In cases where personal property, such as vehicles, jewelry, or other valuable items, has been levied upon, a separate motion can be filed to request the release of specific items or the entire collection of personal property. 3. Real Property Motion: This motion is filed when the property subject to the attachment proceeding is real estate, such as land, residential or commercial buildings, or other physical structures. It seeks to have the excess amount attached released from the property. 4. Financial Account Motion: When the levy is placed on a financial account, such as a bank account or investment portfolio, a specific motion can be filed to request the release of the excess amount attached to the account. In each type of motion, the party filing the motion must provide detailed information about the property, the attachment proceeding, and the specific reasons why they believe the excess amount should be released. It is crucial to include relevant evidence and legal arguments to support the motion. Note: It is important to consult with a qualified attorney or legal professional to ensure that the motion is filed correctly and in accordance with Texas laws and procedures.
