court_form | California
AT-120 - Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment
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Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment
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Form ID: AT-120 Title: Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment Effective Date: 2010-07-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/AT-120 Primary Download URL: https://www.courts.ca.gov/documents/at120.pdf Form Detail Page: Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment (AT-120) States the court’s decision (order) after a hearing that the plaintiff has the right to attach (have the sheriff take and hold) money or other property belonging to the defendant to pay the amount the plaintiff is owed if the plaintiff wins the case and for writ of attachment (an order to the sheriff to attach that property). Get form AT-120 Effective: July 1, 2010 PDF Text: 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 Procedure, §§ 482.030, 494.090; Welfare. & Institutions. Code, § 15657.01 AT-120 FOR COURT USE ONLY CASE NUMBER: SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER HEARING ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: NAME: FIRM NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO.: EMAIL ADDRESS: ATTORNEY FOR (name): 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 an additional writ of attachment against the property of defendant (name): came on for hearing as follows: (1) Judge (name): (2) Hearing date: Time: Dept.: Div.: Room: b. The following persons were present at the hearing: (1) Plaintiff (name): (2) Defendant (name): (3) Plaintiff's attorney (name): (4) Defendant's attorney (name): FINDINGS 2. THE COURT FINDS a. Defendant (specify name): 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. g. The following property of defendant, described in plaintiff's application (1) is exempt for attachment (specify): (2) is not exempt for attachment (specify): h. The following property, not described in plaintiff's application, claimed by defendant to be exempt, (1) is exempt for attachment (specify): (2) is not exempt for attachment (specify): i. An undertaking in the amount of: $ is required before a writ shall issue, and plaintiff has has not filed an undertaking in that amount. j. A Right to Attach Order was issued on (date): pursuant to Code of Civil Procedure section 484.090 (on hearing) Code of Civil Procedure section 485.220 (ex parte) k. Other (specify): Page 1 of 2 For your protection and privacy, please press the Clear button after you have printed the form. AT-120 [Rev. July 1, 2010] RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) 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. c. The clerk shall issue a writ of attachment an additional writ of attachment in the amount stated in item 3a 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; (3) the following property in defendant's possession (specify): 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) Page 2 of 2
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Form ID: AT-120 Title: Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment Effective Date: 2010-07-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/AT-120 Primary Download URL: https://www.courts.ca.gov/documents/at120.pdf Form Detail Page: Right to Attach Or…
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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. g. The followi…
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(2) any documentary evidence in defendant's possession of debt owed to defendant described in item 3c; (3) the following property in defendant's possession (specify): NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. e. Other (specify): …