Alameda California Application and Notice of Hearing for Right to Attach Order and Writ of Attachment. - Attachment

State:
California
County:
Alameda
Control #:
CA-CV-4H-FED
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PDF
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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.


The "Alameda California Application and Notice of Hearing for Right to Attach Order and Writ of Attachment" is a legal document used in the state of California, specifically in Alameda County, to initiate the process of obtaining a right to attach order and writ of attachment. This content will provide a detailed description of this application and notice, explaining its purpose, components, and steps involved. The Alameda California Application and Notice of Hearing for Right to Attach Order and Writ of Attachment is designed to be submitted to the court to request permission to attach the debtor's property or assets in order to secure the payment of a pending or potential judgment. The document includes several key sections and elements: 1. Caption: It begins with a caption that identifies the court, the parties involved (creditor and debtor), and case number. 2. Applicant Information: This section requires the creditor to provide their contact details, including name, address, telephone number, and email address. 3. Debtor Information: The creditor must provide accurate information about the debtor, such as name, address, and any known assets that may be subject to attachment. 4. Facts Supporting Attachment: Here, the creditor outlines the factual basis for seeking the right to attach order and writ of attachment. This may include details about the debt owed, the basis of the claim, and any evidence supporting the need for attachment. 5. Amount of Attachment: The creditor must specify the exact amount they seek to attach, including the principal amount owed, accrued interest, costs, and any fees associated with the legal process. 6. Proposed Order: This section includes the creditor's suggested order to the court, outlining the conditions and terms for granting the right to attach order and issuing the writ of attachment. 7. Notice of Hearing: In this part, the creditor proposes a hearing date for the court to consider the application and decide whether to grant the right to attach order. The notice must be served to the debtor and any other relevant parties at a specified time before the hearing. 8. Proof of Service: The creditor must provide a statement confirming that the notice of hearing has been properly served on the debtor and other interested parties as required by law. Types of Alameda California Application and Notice of Hearing for Right to Attach Order and Writ of Attachment: 1. For Personal Debt: This type of application and notice is used when seeking attachment of a debtor's personal property or assets to secure the payment of a personal debt obligation. 2. For Business Debt: This variation is used when seeking attachment of a debtor's business-related property or assets to secure the payment of a business debt obligation. 3. For Real Estate Debt: In cases where the debt is related to a real estate transaction or property, this type of application and notice is employed to request attachment of the debtor's real estate assets. In conclusion, the Alameda California Application and Notice of Hearing for Right to Attach Order and Writ of Attachment is a crucial legal document used in Alameda County to initiate the process of securing the payment of a debt through attachment of a debtor's property or assets. It involves various sections covering applicant and debtor information, facts supporting attachment, proposed order, notice of hearing, and proof of service.

The "Alameda California Application and Notice of Hearing for Right to Attach Order and Writ of Attachment" is a legal document used in the state of California, specifically in Alameda County, to initiate the process of obtaining a right to attach order and writ of attachment. This content will provide a detailed description of this application and notice, explaining its purpose, components, and steps involved. The Alameda California Application and Notice of Hearing for Right to Attach Order and Writ of Attachment is designed to be submitted to the court to request permission to attach the debtor's property or assets in order to secure the payment of a pending or potential judgment. The document includes several key sections and elements: 1. Caption: It begins with a caption that identifies the court, the parties involved (creditor and debtor), and case number. 2. Applicant Information: This section requires the creditor to provide their contact details, including name, address, telephone number, and email address. 3. Debtor Information: The creditor must provide accurate information about the debtor, such as name, address, and any known assets that may be subject to attachment. 4. Facts Supporting Attachment: Here, the creditor outlines the factual basis for seeking the right to attach order and writ of attachment. This may include details about the debt owed, the basis of the claim, and any evidence supporting the need for attachment. 5. Amount of Attachment: The creditor must specify the exact amount they seek to attach, including the principal amount owed, accrued interest, costs, and any fees associated with the legal process. 6. Proposed Order: This section includes the creditor's suggested order to the court, outlining the conditions and terms for granting the right to attach order and issuing the writ of attachment. 7. Notice of Hearing: In this part, the creditor proposes a hearing date for the court to consider the application and decide whether to grant the right to attach order. The notice must be served to the debtor and any other relevant parties at a specified time before the hearing. 8. Proof of Service: The creditor must provide a statement confirming that the notice of hearing has been properly served on the debtor and other interested parties as required by law. Types of Alameda California Application and Notice of Hearing for Right to Attach Order and Writ of Attachment: 1. For Personal Debt: This type of application and notice is used when seeking attachment of a debtor's personal property or assets to secure the payment of a personal debt obligation. 2. For Business Debt: This variation is used when seeking attachment of a debtor's business-related property or assets to secure the payment of a business debt obligation. 3. For Real Estate Debt: In cases where the debt is related to a real estate transaction or property, this type of application and notice is employed to request attachment of the debtor's real estate assets. In conclusion, the Alameda California Application and Notice of Hearing for Right to Attach Order and Writ of Attachment is a crucial legal document used in Alameda County to initiate the process of securing the payment of a debt through attachment of a debtor's property or assets. It involves various sections covering applicant and debtor information, facts supporting attachment, proposed order, notice of hearing, and proof of service.

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FAQ

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 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.

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.

Initially the RPS, opens a file with the Sheriff, records the levy, serves the debtor(s), serves the occupant of the real property or posts notice on the real property, and serves third parties and legal owners. Levy under a Writ of Attachment on real property creates a 3 year lien on the real property.

Code of Civil Procedure (?CCP?) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.

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.

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Fill out the Request for Court Order and Answer (SC-105) . COUNTY OF LOS ANGELES xx. 3.If you don't owe the debt over which you are being sued or have a complete defense (see. Small Claims Judgment - Form EJ-130 Writ of Execution. Items 8 - 15 — COMPLETE THE FOLLOWING FORMS: 1. Request to Waive Court Fees. 2. Notice of Application and Hearing for. Right To Attach Order and Writ of. Oakland, CA 94612-2514. Re: RNPA and SEIU Local 521.

3: California Water Right Management Board (SUM) Docket No. 08-14 (SC-105×. 3. Notice of Application and Hearing for Right To Attach Order and Writ of. San Diego, CA 91. Re: Los Angeles Metropolitan Water District, California Water Service District. Re: San Diego Gas and Electric Co. (SSD) Docket No. 09-01 (SC-105×. 4. Notice of Application and Hearing for Right To Attach Order and Writ of. San Jose, CA 91. Re: Los Angeles Metropolitan Water District, California Water Service District. Re: Suez San Jo'SE San Diego Gas & Electric, San Diego Local 705. Re: San Diego Gas and Electric Co. (SSD) Docket No. 09-01 (SC-107×. 5. Notice of Application and Hearing for Right To Attach Order and Writ of. San Francisco, CA 91. Re: Los Angeles Metropolitan Water District, California Water Service District. Re: San Diego Gas and Electric Co. (SSD) Docket No. 09-01 (SC- 107×.6. Notice of Application and Hearing for Right To Attach Order and Writ of. Pasadena, CA 91.

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Alameda California Application and Notice of Hearing for Right to Attach Order and Writ of Attachment. - Attachment