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Right To Attach Order After Hearing And Order For Issuance Of Writ Of Attachment Form. This is a California form and can be use in Attachment Judicial Council.
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Tags: Right To Attach Order After Hearing And Order For Issuance Of Writ Of Attachment, AT-120, California Judicial Council, Attachment
AT-120 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: 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): Div.: (2) Hearing date: Time: Dept.: b. The following persons were present at the hearing: Plaintiff (name): (1) (3) Plaintiff's attorney (name): Defendant's attorney (name): (2) Defendant (name): (4) 2. THE COURT FINDS a. Defendant (specify name): Rm.: FINDINGS 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) h. is not exempt from attachment (specify): The following property, not described in plaintiff's application, claimed by defendant to be exempt is exempt from attachment (specify): (1) (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. pursuant to j. A Right to Attach Order was issued on (date): k. Code of Civil Procedure section 484.090 (on hearing) other (specify): Code of Civil Procedure section 485.220 (ex parte) i. Page 1 of 2 Form Approved for Optional Use Judicial Council of California AT-120 [Rev. July 1, 2010] RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) Code of Civil Proc., §§ 482.030, 484.090; Welfare & Institutions Code, § 15657.01 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com AT-120 SHORT TITLE: CASE NUMBER: 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): 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; 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. 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 ISSUANCE OF WRIT OF ATTACHMENT (Attachment) Page 2 of 2