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 Riverside California Order to Set Aside Attachment, to Substitute Undertaking, etc. — Attachment is a legal remedy available to debtors who have had their assets or accounts frozen or seized through the attachment process. This order allows debtors to challenge or release the attachment by providing a suitable substitute undertaking to secure the creditor's claim. In Riverside, California, there are several types of Orders to Set Aside Attachment and related actions that can be filed depending on the specific circumstances. Some of these include: 1. Order to Set Aside Attachment: This order is filed by the debtor to request the court to set aside or release the attachment on their assets or accounts. The debtor must present valid grounds for the court to consider overturning the attachment, such as improper service or lack of sufficient evidence supporting the creditor's claim. 2. Order to Substitute Undertaking: Debtors who wish to substitute the attachment with an alternative form of security, such as a bond or undertaking, can file an Order to Substitute Undertaking. This order seeks to replace the attachment with a guarantee of payment that is acceptable to the court and the creditor. 3. Order for Return of Property: In cases where specific property has been seized through attachment, the debtor can file an Order for Return of Property. This order requests the court to order the return of the seized property upon providing a suitable substitute undertaking or alternative security. 4. Order for Ex Parte Release of Attachment: In urgent situations, debtors may file an Order for Ex Parte Release of Attachment. This order seeks immediate release of the attachment without waiting for a hearing. The debtor must demonstrate compelling reasons to justify an expedited release before the court. 5. Order Setting Aside Attachment and Discharging Sureties: This order is relevant when the debtor believes that the attachment is invalid, and as a result, any sureties or bond providers should be discharged from their obligations. This order seeks to invalidate the attachment and absolve any co-signers or guarantors from liability. These various types of orders can be filed in Riverside, California to challenge, modify, or release an attachment on a debtor's assets or accounts. It is essential to consult with a qualified attorney familiar with local laws and procedures to determine the most appropriate course of action based on the specific circumstances of the case.The Riverside California Order to Set Aside Attachment, to Substitute Undertaking, etc. — Attachment is a legal remedy available to debtors who have had their assets or accounts frozen or seized through the attachment process. This order allows debtors to challenge or release the attachment by providing a suitable substitute undertaking to secure the creditor's claim. In Riverside, California, there are several types of Orders to Set Aside Attachment and related actions that can be filed depending on the specific circumstances. Some of these include: 1. Order to Set Aside Attachment: This order is filed by the debtor to request the court to set aside or release the attachment on their assets or accounts. The debtor must present valid grounds for the court to consider overturning the attachment, such as improper service or lack of sufficient evidence supporting the creditor's claim. 2. Order to Substitute Undertaking: Debtors who wish to substitute the attachment with an alternative form of security, such as a bond or undertaking, can file an Order to Substitute Undertaking. This order seeks to replace the attachment with a guarantee of payment that is acceptable to the court and the creditor. 3. Order for Return of Property: In cases where specific property has been seized through attachment, the debtor can file an Order for Return of Property. This order requests the court to order the return of the seized property upon providing a suitable substitute undertaking or alternative security. 4. Order for Ex Parte Release of Attachment: In urgent situations, debtors may file an Order for Ex Parte Release of Attachment. This order seeks immediate release of the attachment without waiting for a hearing. The debtor must demonstrate compelling reasons to justify an expedited release before the court. 5. Order Setting Aside Attachment and Discharging Sureties: This order is relevant when the debtor believes that the attachment is invalid, and as a result, any sureties or bond providers should be discharged from their obligations. This order seeks to invalidate the attachment and absolve any co-signers or guarantors from liability. These various types of orders can be filed in Riverside, California to challenge, modify, or release an attachment on a debtor's assets or accounts. It is essential to consult with a qualified attorney familiar with local laws and procedures to determine the most appropriate course of action based on the specific circumstances of the case.
