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California Ex Parte Right to Attach Order and Order for Issuance of...

Stockton California Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment - Resident - Attachment

Name: Stockton California Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment - Resident - Attachment
Brand: US Legal Forms
Rating: 4.77 (385 reviews)

Category:

California Federal - Official - District Court - Central District

State:

California

City:

Stockton

Control #:

CA-CV-4A-FED

Format:

Instant download

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Description

This form is an official United States District Court - California Central District form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.

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FAQ

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.

The most common method is by a noticed hearing. The creditor must serve the notice of hearing and application for a writ of attachment on the debtor at least 16 days before the date set for the hearing and the debtor's notice of opposition must be filed and served at least five days before the hearing.

What Is Writ of Attachment in California? Writ of attachment is a pre-judgment provisional remedy that in some circumstances could ensure availability of sufficient assets to satisfy a judgment obtained against the defendant.

(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.

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.

The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).

Fortunately, the law in California provides a mechanism to create security for the claim by operation of something called ?the Attachment Law.? That body of law allows a court to issue an order?called a writ of attachment?that seizes the defendant's property until the case goes to trial.

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Stockton California Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment - Resident - Attachment

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How do I remove a writ of attachment in California?

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