ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):
TELEPHONE NO.:
FOR COURT USE ONLY
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ATTORNEY FOR (Name):
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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:
time:
date:
dept.:
div.:
rm.:
2.
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
APPLICATION TO SET ASIDE RIGHT TO ATTACH ORDER
Judicial Council of California
AND RELEASE ATTACHED PROPERTY, ETC.
(Attachment)
AT-170 [Rev. July 1, 1983]
CCP 482.030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):
TELEPHONE NO.:
FOR COURT USE ONLY
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
ATTORNEY FOR (Name):
end of the form when finished.
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:
time:
date:
dept.:
div.:
rm.:
2.
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
APPLICATION TO SET ASIDE RIGHT TO ATTACH ORDER
Judicial Council of California
AND RELEASE ATTACHED PROPERTY, ETC.
(Attachment)
AT-170 [Rev. July 1, 1983]
CCP 482.030
SHORT TITLE:
CASE NUMBER:
to reduce the amount to be secured by the attachment in the amount of
2.
d.
$
(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):
to discharge the attachment and release property levied upon on the grounds that defendant recovered judgment in
g.
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
h.
defendant's filing of an undertaking on appeal.
Defendant's title to the property identified in item
3.
and the manner of its acquisition is set forth in the
2b(1)
2b(2)
attached affidavit
following facts:
No defendant other than the applicant has an interest in the property described in item
4.
2b(1)
2b(2)
5.
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.
b.
the general appearance was filed in this action on
(date)
c.
: t his application is the first appearance of the defendant.
Defendant's application is supported by the
6.
c.
attached affidavit.
attached points and authorities.
a.
b.
following facts (specify):
d.
following points and authorities (specify):
Date:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(SIGNATURE OF DEFENDANT)
(TYPE OR PRINT NAME 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]
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