RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER
FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment)
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF
ATTACHMENT AFTER HEARING
The application of plaintiff (name):
an order for issuance of additional writ of attachment
for
against the property of defendant (name):
came on for hearing as follows:
Courtroom:Time:
Plaintiff's attorney (name):Plaintiff (name):
Defendant's attorney (name):Defendant (name):
(1)
FINDINGS
THE COURT FINDS
natural person partnership
unincorporated association
The claim upon which the application is based is one upon which an attachment may be issued.b.
Plaintiff has established the probable validity of the claim upon which the attachment is based.c.
The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.d.
e.
f.
The following property, not described in plaintiff's application, claimed by defendant to be exempt
g.
is exempt from attachment (specify):(1)
is not exempt from attachment (specify):(2)
is required before a writ shall issue, and plaintiff
filed an undertaking in that amount.
An undertaking in the amount of: $i.
has nothas
Code of Civil Procedure section 485.220 (ex parte)Code of Civil Procedure section 484.090 (on hearing)
A Right to Attach Order was issued on (date): pursuant toj.
k. Other (specify):
(AT-120 [Rev. January 1, 2000])
Code of Civil Procedure,
§§ 482.030, 484.090
Hearing date:
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.
b.
Judge (name):
a. Defendant (specify name)
:
The following property of defendant, described in plaintiff's application
The amount to be secured by the attachment is greater than zero.
Defendant failed to prove that all the property described in plaintiff's application is exempt from attachment.
h.
a right to attach order and order for issuance of writ of attachment
is a
corporation other (specify):
The following persons were present at the hearing:
(2)
(3)
(4)
is exempt from attachment (specify):(1)
is not exempt from attachment (specify):(2)
a.
(1)
(2)
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER
HEARING
Page one
CASE NUMBER:
SHORT TITLE:
ORDER
THE COURT ORDERS
Plaintiff has a right to attach property of defendant (name):a.
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.
forthwith
The clerk shall issue
upon the filing of an undertaking
in the amount of: $
c.
for any property of a defendant who is not a natural person for which a method of levy is provided.(1)
(2)
Defendant shall transfer to the levying officer possession ofd.
any documentary evidence in defendant's possession of debt owed to defendant described in item 3c;
NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO
ARREST AND PUNISHMENT FOR CONTEMPT OF COURT.
Other (specify):e.
Total number of boxes checked in item 3: ______f.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF JUDGE OR MAGISTRATE JUDGE)
RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER
FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment)
Page two
3.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any documentary evidence in defendant's possession of title to any property described in item 3c;
the following property in defendant's possession (specify):
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):
(1)
(2)
(3)
a writ of attachment an additional writ of attachment in the amount stated in item 3a