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Application To Set Aside Right To Attach Order And Release Attached Property Etc (Attachment) AT-170 - California
|Application To Set Aside Right To Attach Order And Release Attached Property Etc (Attachment) Form. This is a California form and can be used in Attachment Judicial Council .||
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: CASE NUMBER: APPLICATION AND NOTICE OF HEARING FOR ORDER to Set Aside Right to Attach Order, Quash Writ of Attachment, and Release Attached Property to Release Attached Property Exceeding in Value the Amount to be Secured to Substitute Defendant's Undertaking for Property to Increase Plaintiff's Undertaking to Determine Sufficiency of Plaintiff's Sureties to Reduce Amount to be Secured by the Attachment EX PARTE APPLICATION FOR ORDER to Discharge Attachment and Release Property Levied Upon to Release Property Levied Upon Due to Filing of Undertaking on Appeal 1. To plaintiff (name): You are notified that a hearing on defendant's application in item 2 will be held in this court as follows: date: 2. time: dept.: div.: rm.: Resident Nonresident defendant (name): makes application for an order a. (1) to set aside the Right to Attach Order issued on (date): (2) to quash the Writ of Attachment issued on (date): (3) to release the attached property of the defendant described in the writ. to substitute an undertaking in the amount of b. $ in lieu of (1) all of defendant's property which has been attached or is subject to attachment. (2) the following portion of defendant's property which has been attached or is subject to attachment: (a) value: $ (b) description: c. for release of the following attached property to the extent that the value of defendant's interest in the property clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment: (1) value: $ (2) description: (Continued on reverse) Form Approved by the Judicial Council of California AT-170 [Rev. July 1, 1983] APPLICATION TO SET ASIDE RIGHT TO ATTACH ORDER AND RELEASE ATTACHED PROPERTY, ETC. (Attachment) CCP 482.030 2001 © American LegalNet, Inc. SHORT TITLE: CASE NUMBER: 2. d. to reduce the amount to be secured by the attachment in the amount of $ (specify grounds): e. to increase the amount of plaintiff's undertaking on the following grounds (CCP 489.220) (specify): f. to determine the sufficiency of sureties on the following grounds (specify): g. to discharge the attachment and release property levied upon on the grounds that defendant recovered judgment in the action. Plaintiff has not filed and served a timely motion to vacate the judgment or for judgment notwithstanding the verdict or for a new trial; nor has plaintiff perfected an appeal; nor has plaintiff filed the undertaking required by CCP 921. to release defendant's property levied upon owing to the stay of enforcement of plaintiff's judgment upon defendant's filing of an undertaking on appeal. h. 3. Defendant's title to the property identified in item and the manner of its acquisition is set forth in the 2b(1) 2b(2) following facts: attached affidavit 4. 5. 6. No defendant other than the applicant has an interest in the property described in item 2b(1) 2b(2) Nonresident defendant's application is made on the grounds of a general appearance and defendant states a. the Right to Attach Order was issued pursuant to CCP 492.010. the general appearance was filed in this action on b. (date) c. t:his application is the first appearance of the defendant. Defendant's application is supported by the c. attached points and authorities. attached affidavit. a. d. following points and authorities (specify): following facts (specify): b. Date: ................................ (TYPE OR PRINT NAME OF DEFENDANT) (SIGNATURE OF DEFENDANT) By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (NAME AND TITLE) DECLARATION I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ................................ (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Total number of pages attached: APPLICATION TO SET ASIDE RIGHT TO ATTACH ORDER AND RELEASE ATTACHED PROPERTY, ETC. (Attachment) Page two AT-170 [Rev. July 1, 1983] 2001 © American LegalNet, Inc.