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Defendants Motion To Discharge Attachment Form. This is a North Carolina form and can be use in Civil Statewide.
Tags: Defendants Motion To Discharge Attachment, CV-902M, North Carolina Statewide, Civil
File No.
STATE OF NORTH CAROLINA
Film No.
County
In The General Court Of Justice
District
Superior Court Division
Name Of Plaintiff(s)
DEFENDANT'S MOTION
TO
DISCHARGE ATTACHMENT
VERSUS
Name Of Defendant(s)
G.S. 1-440.39
The undersigned defendant(s) whose property has been attached, moves the Court to order a discharge of the
attachment upon giving bond for the property attached.
Date
Signature Of Defendant 1 Or Attorney For Defendant 1
Date
Signature Of Defendant 2 Or Attorney For Defendant 2
AFFIDAVIT AS TO VALUE OF ATTACHED PROPERTY
The undersigned, each being first duly sworn, say that we are familiar with the value of the defendant's property attached
in this action and that the value of the property is indicated below.
Description Of Property Attached
SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME
Date
Value Of Property Attached
Signature Of Person Authorized to Administer Oaths
Signature Of Affiant 1
$
Name Of Affiant 1 (Type Or Print)
Deputy CSC
Assistant CSC
Clerk Of Superior Court
Date My Commission Expires
Signature Of Affiant 2
County Where Notarized
Name Of Affiant 2 (Type Or Print)
Notary
SEAL
ORDER DISCHARGING ATTACHMENT
Upon motion of the defendant(s) to discharge attachment, the Court finds, based on the above affidavit, that the value of
property attached and the amount claimed by the plaintiff are as shown below.
It is ORDERED that the attachment be discharged upon the defendant(s) giving a bond with good and sufficient surety,
in the amount indicated below, which is twice the amount of the lesser of the two.
Amount Claimed By Plaintiff
$
Value Determined By The Court
Amount Of Bond
$
Date
$
Signature
Assistant CSC
AOC-CV-902M, Rev. 10/06
© 2006 Administrative Office of the Courts
(Over)
Clerk Of Superior Court
DEFENDANT'S BOND
The sheriff of the county named below, pursuant to an order of attachment directed to the sheriff in this case, has seized
and levied on certain property of the defendant the value of which is indicated below; and, an order has been entered by
the Court ordering the discharge of the attachment upon the defendant giving bond in accordance with the order.
The defendant as principal and the surety named below, acknowledge themselves bound to the plaintiff in the amount
set out below. The condition of this Bond is that if judgment is rendered against the defendant, the defendant will pay to
the plaintiff the amount of the judgment and all costs that the defendant may be ordered to pay. If the value of the
property attached is less than the amount of the judgment, liability shall be limited to an amount equal to the value of the
property attached.
Amount Of Bond
Value Of Property Seized
$
$
Signature Of Defendant (Principal)
County Of Sheriff
Signature Of Surety
Signature Of Additional Surety, If Used
Name Of Surety (Type Or Print)
Name Of Additional Surety, If Used (Type Or Print)
Address
Address
City, State, Zip
City, State, Zip
JUSTIFICATION
The undersigned surety, being first duly sworn, says that he/she is a resident of the State of North Carolina, and is worth
the amount of the bond, over and above all liabilities and exemptions allowed by law.
Signature Of Surety
SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME
Date
Signature Of Additional Surety, If Used
Signature
Deputy CSC
Assistant CSC
AOC-CV-902M, Side Two, Rev. 10/06
© 2006 Administrative Office of the Courts
Clerk Of Superior Court