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Right To Attach Order After Hearing And Order For Issuance Of Writ Of Attachment (Attachment) CV-4B - California
| Right To Attach Order After Hearing And Order For Issuance Of Writ Of Attachment (Attachment) Form. This is a California form and can be used in Civil USDC Central Federal . |
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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 312 North Spring Street Los Angeles, CA 90012 PLAINTIFF: DEFENDANT: CASE NUMBER: RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER HEARING 1. a. The application of plaintiff (name): a right to attach order and order for issuance of writ of attachment for an order for issuance of additional writ of attachment against the property of defendant (name): came on for hearing as follows: (1) Judge (name): Time: Dept.: Div.: (2) Hearing date: b. The following persons were present at the hearing: Plaintiff (name): Plaintiff's attorney (name): (1) (3) Defendant (name): Defendant's attorney (name): (2) (4) Rm.: FINDINGS 2. THE COURT FINDS is a a. Defendant (specify name): natural person partnership corporation other (specify): unincorporated association b. The claim upon which the application is based is one upon which an attachment may be issued. c. Plaintiff has established the probable validity of the claim upon which the attachment is based. d. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. e. The amount to be secured by the attachment is greater than zero. Defendant failed to prove that all the property described in plaintiff's application is exempt from attachment. f. g. The following property of defendant, described in plaintiff's application (1) is exempt from attachment (specify): (2) h. is not exempt from attachment (specify): The following property, not described in plaintiff's application, claimed by defendant to be exempt (1) is exempt from attachment (specify): (2) is not exempt from attachment (specify): An undertaking in the amount of: $ is required before a writ shall issue, and plaintiff has has not filed an undertaking in that amount. j. A Right to Attach Order was issued on (date): pursuant to Code of Civil Procedure section 484.090 (on hearing) Code of Civil Procedure section 485.220 (ex parte) k. Other (specify): i. CV-4B (12/03) (AT-120 [Rev. January 1, 2000]) RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) American LegalNet, Inc. www.USCourtForms.com Code of Civil Procedure, ยงยง 482.030, 484.090 Page one SHORT TITLE: CASE NUMBER: 3. THE COURT ORDERS a. Plaintiff has a right to attach property of defendant (name): in the amount of: $ b. The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached. c. The clerk shall issue an additional writ of attachment in the amount stated in item 3a a writ of attachment forthwith upon the filing of an undertaking in the amount of: $ (1) for any property of a defendant who is not a natural person for which a method of levy is provided. for the property of a defendant who is a natural person that is subject to attachment under Code of Civil (2) Procedure section 487.010, described as follows (specify): ORDER (3) for the property covered by a bulk sales notice with respect to a bulk transfer by defendant or the proceeds of sale of such property, described as follows (specify): (4) for plaintiff's pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license number is (specify): d. Defendant shall transfer to the levying officer possession of (1) any documentary evidence in defendant's possession of title to any property described in item 3c; (2) any documentary evidence in defendant's possession of debt owed to defendant described in item 3c; (3) the following property in defendant's possession (specify): NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. e. Other (specify): f. Total number of boxes checked in item 3: ______ Date: ............................................. (TYPE OR PRINT NAME) CV-4B (12/03) (SIGNATURE OF JUDGE OR MAGISTRATE JUDGE) RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) American LegalNet, Inc. www.USCourtForms.com Page two
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