AT-125 - Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident)

Summary

Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident)

Text

Form ID: AT-125
Title: Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident)
Effective Date: 2010-07-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/AT-125
Primary Download URL: https://www.courts.ca.gov/documents/at125.pdf
Form Detail Page:
Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident)
(AT-125)
States the court’s decision (order) without holding a hearing that the plaintiff  has the right to attach (have the sheriff take and hold) money or other property belonging to a defendant who is a resident of California to pay the amount the plaintiff is owed if the plaintiff wins the case and for a writ of attachment (an order to the sheriff to take and hold that property) .
Get form AT-125
Effective: July 1, 2010
PDF Text:
AT-125
FOR COURT USE ONLY
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
EX PARTE CASE NUMBER:
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF 
WRIT OF ATTACHMENT (RESIDENT)
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT 
(RESIDENT)
1. 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 
has been considered by the court.
order for issuance of an additional
writ of attachment
FINDINGS
THE COURT FINDS                
a. Defendant (specify name): is a natural person
other (specify):partnership unincorporated association corporation
b. 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                Welfare and Institutions Code section 15657.01.
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 recovery on the claim upon which the application is based.
e. The amount to be secured by the attachment is greater than zero.
f. 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.
g. The portion of the property sought to be attached described in item 3b, is not exempt from attachment.
h. An undertaking in the amount of: $
has     has not     filed an undertaking in that amount.
i.  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:                    
(1) There is a danger that the property sought to be attached would be
(b)concealed.(a) substantially impaired in value.
(c) made unavailable to levy by other than concealment or impairment in value.
(2) Defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of Civil 
Procedure section 485.010(b)(2), as set forth in the affidavit or declaration filed in support of this application, and that 
specifies the defendant's known undisputed debts and the basis for plaintiff's determination that the defendant's debts 
are undisputed.
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.
(3)
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: 
Other circumstances (specify):
(4)
(5)
pursuant toj. A Right to Attach Order was issued on (date):
Code of Civil Procedure section 485.220 (ex parte)Code of Civil Procedure section 484.090 (on notice)
k. other (specify):
EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR 
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)
Code of Civil Procedure,  Form Approved for Optional Use 
Judicial Council of California 
AT-125 [Rev. July 1, 2010]
 §§ 482.030,485.010 et seq.;
2.
is required before a writ shall issue, and plaintiff
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):TELEPHONE NO.:
ATTORNEY FOR (Name):
E-MAIL ADDRESS (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF 
Page 1 of 2
   Welfare & Institutions Code, § 15657.01
  www.courtinfo.ca.gov

SHORT TITLE: CASE NUMBER:
ORDER
3. THE COURT ORDERS
a. Plaintiff has a right to attach property of defendant (name):
in the amount of: $
an additional writ of attachment         a writ of attachment   in  the amount state in item 3ab. The clerk shall issue      
forthwith   upon the filing of an undertaking in the amount of: $
(1) 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):
(2) for plaintiff's pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license number
is (specify):
for any property of a defendant who is not a natural person for which a method of levy is provided.
for property of a defendant who is a natural person subject to attachment under Code of Civil Procedure 
section 487.010 (specify):
(3)
(4)
Defendant shall transfer to the levying officer possession of
(1) any documentary evidence in def endant's possession of title to any property described in item 3b.
any documentary evidence in defendant's possession of debt owed to defendant described in item 3b.
the following property in defendant's possession (specify):
(2)
(3)
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:
Date: (JUDICIAL OFFICER)
AT-125 [Rev. July 1, 2010] EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR 
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)
Page 2 of 2
c.
d.
AT-125

Retrieval chunks

• #1

  Form ID: AT-125 Title: Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident) Effective Date: 2010-07-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/AT-125 Primary Download URL: https://www.courts.ca.gov/documents/at125.pdf Form Detail Page: Ex Parte Rig…

• #2

  i. 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: (1) There is a danger that the property sought to be attached would be (b)concealed.(a) substantially impaired in value. (c) made unavailable to levy by …

• #3

  (2) for plaintiff's pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license number is (specify): for any property of a defendant who is not a natural person for which a method of levy is provided. for property of a defendant who is a natural person subject to attachment un…