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.
A "Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached" is a legal document filed in the state of Texas to seek the release of property that has been seized or attached by a creditor, where the amount of the attachment exceeds the debtor's actual debt. The excess amount refers to the portion of the attached property's value that goes beyond what is necessary to satisfy the debt. In Houston, Texas, there are various types of motions for release of property from levy in attachment proceedings due to an excess amount attached. Some of these motions may include: 1. Real Estate Motion for Release: This type of motion is filed when real property, such as land or buildings, has been seized or attached, but the value of the property exceeds the debt owed by the debtor. 2. Vehicle Motion for Release: If a vehicle or multiple vehicles have been seized or attached, and the value of the vehicles exceeds the debt, a vehicle motion for release can be filed. 3. Personal Property Motion for Release: This type of motion is used when personal belongings, such as jewelry, furniture, electronics, or other valuable items, have been attached, but the value of these items exceeds the debtor's debt. 4. Bank Account Motion for Release: If a bank account or funds in a financial institution have been levied, and the amount of money seized exceeds the debtor's debt, a motion for release can be filed specifically for bank accounts. 5. Wage Garnishment Motion for Release: In the case of wage garnishment, where the debtor's income is being withheld to repay the debt, a motion for release can be filed if the garnished amount exceeds the actual debt owed. It is crucial to consult with an experienced attorney familiar with Texas laws and the specific circumstances of your case to determine the appropriate type of motion for release of property from levy in an attachment proceeding due to an excess amount attached. Legal professionals can provide tailored advice and guidance to help protect your rights and seek a fair resolution.A "Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached" is a legal document filed in the state of Texas to seek the release of property that has been seized or attached by a creditor, where the amount of the attachment exceeds the debtor's actual debt. The excess amount refers to the portion of the attached property's value that goes beyond what is necessary to satisfy the debt. In Houston, Texas, there are various types of motions for release of property from levy in attachment proceedings due to an excess amount attached. Some of these motions may include: 1. Real Estate Motion for Release: This type of motion is filed when real property, such as land or buildings, has been seized or attached, but the value of the property exceeds the debt owed by the debtor. 2. Vehicle Motion for Release: If a vehicle or multiple vehicles have been seized or attached, and the value of the vehicles exceeds the debt, a vehicle motion for release can be filed. 3. Personal Property Motion for Release: This type of motion is used when personal belongings, such as jewelry, furniture, electronics, or other valuable items, have been attached, but the value of these items exceeds the debtor's debt. 4. Bank Account Motion for Release: If a bank account or funds in a financial institution have been levied, and the amount of money seized exceeds the debtor's debt, a motion for release can be filed specifically for bank accounts. 5. Wage Garnishment Motion for Release: In the case of wage garnishment, where the debtor's income is being withheld to repay the debt, a motion for release can be filed if the garnished amount exceeds the actual debt owed. It is crucial to consult with an experienced attorney familiar with Texas laws and the specific circumstances of your case to determine the appropriate type of motion for release of property from levy in an attachment proceeding due to an excess amount attached. Legal professionals can provide tailored advice and guidance to help protect your rights and seek a fair resolution.