EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)
EX PARTE
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF
WRIT OF ATTACHMENT (RESIDENT)
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
(RESIDENT)
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
FINDINGS
THE COURT FINDS
partnership
natural person
unincorporated association
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.
b.
c.
Code of Civil Procedure section 484.090 (on notice)
A Right to Attach Order was issued on (date): pursuant to
Code of Civil Procedure section 485.220 (ex parte)
The affidavit or declaration accompanying the application shows that the property sought to be attached, or the portions thereof
to be specified in the writ, are not exempt from attachment.
e.
f.
g.
An undertaking in the amount of: $ is required before a writ shall issue, and plaintiff
has has not filed an undertaking in that amount.
Great or irreparable injury will result to the plaintiff if issuance of the order is delayed until the matter can be heard on notice,
based on the following:
There is a danger that the property sought to be attached would be(1)
concealed.(a) substantially impaired in value.(b)
made unavailable to levy by other than concealment or impairment in value.(c)
A bulk sales notice was recorded and published pursuant to Division 6 of the Commercial Code with respect
to a bulk transfer by the defendant.
(2)
An escrow has been opened pursuant to the provisions of Business and Professions Code section 24074 with
respect to the sale by the defendant of a liquor license. The liquor license number is:
(3)
(4)
The attachment is not sought for a purpose other than the recovery on the claim upon which the application is based.d.
j.
(AT-125 [Rev. January 1, 2000])
Code of Civil Procedure,
§§ 482.030, 485.010 et seq.
FOR COURT USE ONLY
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
ATTORNEY FOR (Name):
FAX NO.:
1.
2.
writ of attachment has been considered by the court.
a. Defendant (specify name)
:
Plaintiff has established the probable validity of the claim upon which the attachment is based.
The amount to be secured by the attachment is greater than zero.
The portion of the property sought to be attached described in item 3b is not exempt from attachment.
Other circumstances (specify):
h.
i.
(5)
Defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of Civil
Procedure section 485.010, subdivision (b)(2), as set forth in the affidavit or declaration filed in support of this
application, which specifies the defendant's known undisputed debts and the basis for plaintiff's determination that the
defendant's debts are undisputed.
k. Other (specify):
is a
corporation other (specify):
order for issuance of an additional
Page one
SHORT TITLE:
CASE NUMBER:
ORDER
THE COURT ORDERS
a.
Plaintiff has a right to attach property of defendant (name):
in the amount of: $
for any property of a defendant who is not a natural person for which a method of levy is provided.(3)
(4)
for the property covered by a bulk sales notice with respect to a bulk transfer by defendant or the proceeds of the sale
of such property, described as follows (specify):
(1)
(2)
Defendant shall transfer to the levying officer possession ofc.
any documentary evidence in defendant's possession of title to any property described in item 3b.
Date:
(SIGNATURE OF JUDGE OR MAGISTRATE JUDGE)(TYPE OR PRINT NAME)
EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)
Page two
3.
for property of a defendant who is a natural person subject to attachment under Code of Civil Procedure section
487.010 (specify):
for plaintiff's pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license number
is (specify):
(1)
(2)
(3)
any documentary evidence in defendant's possession of debt owed to defendant described in item 3b.
the following property in defendant's possession (specify):
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b.
Other (specify):d.
Total number of boxes checked in item 3: ______e.
NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO
ARREST AND PUNISHMENT FOR CONTEMPT OF COURT.
forthwith
The clerk shall issue
upon the filing of an undertaking
in the amount of: $
a writ of attachment an additional writ of attachment in the amount stated in item 3a