Fullerton California Undertaking by Personal Sureties - same as CD-140

State:
California
City:
Fullerton
Control #:
CA-AT-160
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PDF
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Description

Undertaking by Personal Sureties - same as CD-140: An Undertaking by Personal Sureties seeks to attach an Order of Judgment against the Judgment Debtor's personal sureties. This is done in order to collect on the Judgment, which the Judgment Debtor has failed to satisfy.

Fullerton California Undertaking by Personal Sureties, also known as CD-140, refers to a specific type of legal process in the state of California where individuals act as personal sureties for defendants with pending criminal charges. This undertaking involves assuming responsibility for the defendant's appearance in court and fulfilling their legal obligations throughout the duration of the case. It is crucial to understand that the Fullerton California Undertaking by Personal Sureties — same as CD-140 has several variations, each catering to different scenarios within the criminal justice system. These different types include: 1. Bail Bond Surety: In this type of undertaking, personal sureties pledge a certain amount of money or assets as collateral to secure the release of the defendant from custody. By posting bail, the personal sureties ensure that the defendant will appear in court as required. If the defendant fails to comply, the personal sureties may be held liable for the forfeited amount. 2. Release on Own Recognizance (ROR): Sometimes, personal sureties can secure the release of a defendant without posting bail. This particular undertaking is referred to as ROR or personal recognizance. It involves the personal sureties vouching for the defendant's reliability and guaranteeing that they will attend court proceedings without any financial commitment. 3. Immigration Bond: Certain cases involve non-U.S. citizens who are at risk of being detained or deported due to immigration-related issues. In such situations, personal sureties can act as a guarantee to ensure the defendant's presence during their immigration hearing. By providing an immigration bond, the personal sureties pledge a specific amount of money to secure the defendant's release and compliance with court proceedings. 4. Appearance Bond: In some cases, a defendant may already be released on bail, but the court requires additional assurance of their appearance. Personal sureties can undertake an appearance bond, which acts as a secondary guarantee for the defendant's attendance at court hearings. If the defendant fails to appear, the personal sureties may be held accountable for the bond amount. Fullerton California Undertaking by Personal Sureties — same as CD-140 aims to strike a balance between ensuring the defendant's appearance in court and protecting the interests of the criminal justice system. This process plays a crucial role in the pretrial phase, allowing individuals to secure temporary freedom pending their trial while holding them accountable for their responsibilities throughout the legal proceedings.

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FAQ

Civil Undertakings / Judicial Bonds are Surety bonds required pursuant to legal codes/statutes under state or federal law to protect various parties in a lawsuit.

The lien is a legal charge to take ownership of the defendant's property to satisfy a debt. The writ of attachment allows the lien to be exercised should the plaintiff successfully obtain a judgment against the defendant. There are several different types of attachment.

(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which the levy was made.

An undertaking is a promise to the Court which is as binding as a Court order. If a person gives an undertaking that they will take certain action, the Court requires that person to take the action, as if the Court had made an order.

To remove the writ of bodily attachment, you'll need to file a motion with the court for a hearing. This motion brings the matter before the judge, so the court can be notified that the contemnor has not been released even though the requirements have been met.

An undertaking is a promise made by a solicitor upon which the recipient is entitled to rely and depending on the circumstances, which binds the solicitor or solicitor's client or both. Undertakings are obligations that lawyers pledge themselves or their clients to honour.

Writ of Attachment (AT-135) States the court's order to the sheriff to attach (take and hold) property belonging to the defendant in a civil case.

An undertaking is a legally binding promise to the court to do something, or not to do something (depending on the circumstances). The court may sometimes request or a party may volunteer to give an undertaking as an alternative to a non molestation or occupation order.

SECTION 515.010-515.030 The undertaking shall provide that the sureties are bound to the defendant for the return of the property to the defendant, if return of the property is ordered, and for the payment to the defendant of any sum recovered against the plaintiff.

A writ of attachment is a form of prejudgment process in which the court orders the seizure or attachment of property specifically described in the writ. Such property is seized and maintained in the custody of a designated official, usually the U.S. Marshal, under order and supervision of the court.

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Fullerton California Undertaking by Personal Sureties - same as CD-140