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Ex Parte Right To Attach Order And Order For Issuance Of Writ Of Attachment (Nonresident) Form. This is a California form and can be use in Attachment Judicial Council.
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Tags: Ex Parte Right To Attach Order And Order For Issuance Of Writ Of Attachment (Nonresident), AT-130, California Judicial Council, Attachment
AT-130 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (NONRESIDENT) ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT (NONRESIDENT) 1. The application and supporting declaration or affidavit of plaintiff (name): for an ex parte right to attach order and order for issuance of writ of attachment order for issuance of an additional writ of attachment has been considered by the court. CASE NUMBER: FINDINGS 2. THE COURT FINDS a. Defendant (name): (1) is a natural person who does not reside in California. (2) is a foreign corporation which has not qualified to do business in California. (3) is a foreign partnership which has not filed a designation under Corporations Code section 15800. b. The claim upon which the application is based is one upon which an attachment may be issued under Code of Civil Procedure section 483.010 Welfare and Institutions Code section 15657.01. 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 a claim upon which the attachment is based. e. The amount to be secured by the attachment is greater than zero. f. The affidavit or declaration accompanying the application shows that the property sought to be attached, or the portion thereof described in item 3b, is subject to attachment under Code of Civil Procedure section 492.040. is required before a writ shall issue, and plaintiff g. An undertaking in the amount of: $ has has not filed an undertaking in that amount. h. A Right to Attach Order was issued pursuant to Code of Civil Procedure section 492.030 on (date): i. Other (specify): Form Approved for Optional Use Judicial Council of California AT-130 [Rev. July 1, 2010] EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (NONRESIDENT) (Attachment) Page 1 of 2 Code of Civil Procedure §§ 482.030, 492.010; Welfare & Institutions Code, § 15657.01 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com AT-130 SHORT TITLE: CASE NUMBER: ORDER 3. THE COURT ORDERS a. Plaintiff has a right to attach property of the nonresident defendant named in item 2a in the amount of: $ b. The clerk shall issue a writ of attachment an additional writ of attachment forthwith upon the filing of an undertaking in the amount of: $ against the following property of defendant: in the amount stated in item 3a c. 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 3b. any documentary evidence in defendant's possession of debt owed to defendant described in item 3b. (2) the following property in defendant's possession (specify): (3) NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. d. Other (specify): e. Total number of boxes checked in item 3: Date: (JUDICIAL OFFICER) AT-130 [Rev. July 1, 2010] EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (NONRESIDENT) (Attachment) Page 2 of 2