Form AT-120 Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment - California

Form AT-120 is a California Superior Court form also known as the "Right To Attach Order After Hearing And Order For Issuance Of Writ Of Attachment". The latest edition of the form was released in July 1, 2010 and is available for digital filing.

Download a PDF version of the Form AT-120 down below or find it on California Superior Court Forms website.

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AT-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
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
TELEPHONE NO.:
FAX NO. (Optional):
end of the form when finished.
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
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):
for
a right to attach order and order for issuance of writ of attachment
an order for issuance of additional writ of attachment
against the property of defendant (name):
came on for hearing as follows:
(1) Judge (name):
(2) Hearing date:
Div.:
Rm.:
Time:
Dept.:
b. The following persons were present at the hearing:
(1)
Plaintiff (name):
(3)
Plaintiff's attorney (name):
(2)
Defendant (name):
(4)
Defendant's attorney (name):
FINDINGS
2. THE COURT FINDS
a. Defendant (specify name):
is a
natural person
partnership
unincorporated association
corporation
other (specify):
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.
f.
Defendant failed to prove that all the property described in plaintiff's application is exempt from attachment.
The following property of defendant, described in plaintiffs application
g.
(1)
is exempt from attachment (specify):
(2)
is not exempt from attachment (specify):
h.
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):
i.
An undertaking in the amount of: $
is required before a writ shall issue, and plaintiff
has
has not
filed an undertaking in that amount.
pursuant to
j. A Right to Attach Order was issued on (date):
Code of Civil Procedure section 484.090 (on hearing)
Code of Civil Procedure section 485.220 (ex parte)
other (specify):
k.
Page 1 of 2
RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER
Form Approved for Optional Use
Code of Civil Proc., §§ 482.030, 484.090;
Judicial Council of California
Welfare & Institutions Code, § 15657.01
FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment)
AT-120 [Rev. July 1, 2010]
www.courtinfo.ca.gov
AT-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
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
TELEPHONE NO.:
FAX NO. (Optional):
end of the form when finished.
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
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):
for
a right to attach order and order for issuance of writ of attachment
an order for issuance of additional writ of attachment
against the property of defendant (name):
came on for hearing as follows:
(1) Judge (name):
(2) Hearing date:
Div.:
Rm.:
Time:
Dept.:
b. The following persons were present at the hearing:
(1)
Plaintiff (name):
(3)
Plaintiff's attorney (name):
(2)
Defendant (name):
(4)
Defendant's attorney (name):
FINDINGS
2. THE COURT FINDS
a. Defendant (specify name):
is a
natural person
partnership
unincorporated association
corporation
other (specify):
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.
f.
Defendant failed to prove that all the property described in plaintiff's application is exempt from attachment.
The following property of defendant, described in plaintiffs application
g.
(1)
is exempt from attachment (specify):
(2)
is not exempt from attachment (specify):
h.
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):
i.
An undertaking in the amount of: $
is required before a writ shall issue, and plaintiff
has
has not
filed an undertaking in that amount.
pursuant to
j. A Right to Attach Order was issued on (date):
Code of Civil Procedure section 484.090 (on hearing)
Code of Civil Procedure section 485.220 (ex parte)
other (specify):
k.
Page 1 of 2
RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER
Form Approved for Optional Use
Code of Civil Proc., §§ 482.030, 484.090;
Judicial Council of California
Welfare & Institutions Code, § 15657.01
FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment)
AT-120 [Rev. July 1, 2010]
www.courtinfo.ca.gov
AT-120
CASE NUMBER:
SHORT TITLE:
ORDER
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.
a writ of attachment
an additional writ of attachment
in the amount stated in item 3a
c. The clerk shall issue
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.
(2)
for the property of a defendant who is a natural person that is subject to attachment under Code of Civil
Procedure section 487.010 described as follows (specify):
(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):
Defendant shall transfer to the levying officer possession of
d.
(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:
JUDICIAL OFFICER
AT-120 [Rev. July 1, 2010]
RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR
Page 2 of 2
ISSUANCE OF WRIT OF ATTACHMENT (Attachment)
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Download Form AT-120 Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment - California

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