Notice Of Application And Hearing For Right To Attach Order And Writ Of Attachment {CV-4I} | Pdf Fpdf Doc Docx | California

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Notice Of Application And Hearing For Right To Attach Order And Writ Of Attachment {CV-4I} | Pdf Fpdf Doc Docx | California

Notice Of Application And Hearing For Right To Attach Order And Writ Of Attachment {CV-4I}

This is a California form that can be used for Civil within Federal, USDC Central.

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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FAX NO.: United States District Court, Central District of California (Insert the address of the division where the magistrate judge who will be reviewing the application is located.) PLAINTIFF: DEFENDANT: CASE NUMBER: NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT ADDITIONAL WRIT OF ATTACHMENT 1. Notice to defendant (name, address, and telephone number, if known): 2. Plaintiff has filed an application for a. a right to attach order and writ of attachment. (Check items 6a, 6b, and 6d(1).) b. a writ of attachment. (Check item 6d(2).) c. an additional writ of attachment. (Check item 6d(2).) 3. A hearing on plaintiff's application will be held in this court as follows: Date: Time: Dept.: Div.: Rm.: 4. The request of plaintiff for an order is based upon the application and affidavit or declaration filed and served with this notice. 5. Your attention is directed to the following sections of the Code of Civil Procedure that set forth when attachment may or may not be issued, the manner of calculating the amount to be secured by the attachment, the court's discretion to include costs and attorney's fees, and special limitations on the amount to be secured by attachment in unlawful detainer proceedings. (Code Civ. Proc., §§ 482.110, 483.010, 483.015, 483.020.) 6. You are notified that a. A right to attach order will be issued if the court finds at the hearing that plaintiff's claim is probably valid and the other requirements for issuing the order are established. This hearing may include both written and oral presentations, but is not for the purpose of determining whether the claim is actually valid. Determination of the actual validity of the claim will be made in subsequent proceedings in the action and will not be affected by the decision at the hearing on the application for the order. b. If you desire to oppose the issuance of a right to attach order or object to the amount to be secured by the attachment as provided in Code of Civil Procedure section 483.015 (or Code of Civil Procedure section 483.020 in unlawful detainer actions), you must file with this court and serve on plaintiff (no later than five court days prior to the date set for hearing in item 3) a notice of opposition and supporting declaration or affidavit as required by Code of Civil Procedure section 484.060. c. If a right to attach order is or has been issued, a writ of attachment will be issued to attach your property described in plaintiff's application unless the court determines that the property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. However, since the right to attach order will not necessarily be limited to your property described in plaintiff's application, a writ of attachment may later be issued to attach other nonexempt property of yours. Page one of three CV-4I (01/12) NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment) Code of Civil Procedure, §§ 482.030, 484.010 et seq. American LegalNet, Inc. www.FormsWorkFlow.com SHORT TITLE: CASE NUMBER: 6. d. If you claim that all or some portion of the property described in plaintiff's application is exempt from attachment, you must no later than five court days prior to this hearing (1) include your claim of exemption in your notice of opposition filed and served pursuant to Code of Civil Procedure section 484.060 or file and serve a separate claim of exemption with respect to the property as provided in Code of Civil Procedure section 484.070. file with the court and serve on plaintiff a claim of exemption with respect to the property as provided in Code of Civil Procedure section 484.350. (2) If you fail to make a claim of exemption with respect to personal property, or make a claim of exemption with respect to real or personal property, but fail to prove that the property is exempt, any further claim of exemption with respect to the property will be barred unless you show a change in circumstances occurring after expiration of the time for claiming exemptions. e. Claims of exemption resulting from a change of circumstances, whether after denial of a previous claim or expiration of the time for claiming exemptions, may be asserted as provided in Code of Civil Procedure section 482.100. f. You may obtain a determination at the hearing whether property not described in the application is exempt from attachment. Your failure to claim that property not described in the application is exempt from attachment will not preclude you from making a claim of exemption with respect to the property at a later time. g. You may also obtain a determination at the hearing whether the amount sought to be secured by the attachment shall be reduced by (1) the amount of any money judgment in your favor and against plaintiff that remains unsatisfied and enforceable, (2) the amount of any indebtedness of the plaintiff that you have claimed in a cross-complaint filed in the action if your claim is one upon which an attachment could be issued, (3) the amount of any claim asserted by you as a defense in the answer pursuant to Code of Civil Procedure section 431.70 if the claim is one upon which an attachment could be issued had an action been brought on the claim when it was not barred by the statute of limitations, or (4) the value of any security interest in your property held by plaintiff to secure the indebtedness claimed by plaintiff, together with the amount by which the value of the security interest has decreased due to the act of the plaintiff or a prior holder of the security interest. h. The amount to be secured by an attachment is determined pursuant to the following statutes: (1) Code of Civil Procedure section 482.110. A writ of attachment may include an estimate of the costs and allowable attorney fees. (2) Code of Civil Procedure section 483.010. An attachment may issue on a claim for $500 or more based on a contract, express or implied, exclusive of attorney fees, costs, and interests. If the claim was originally secured by an interest in real property (e.g., a mortgage or trust deed), an attachment may issue only if the security has become valueless or decreased in val

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