AT-140 - Temporary Protective Order

Summary

Temporary Protective Order

Text

Form ID: AT-140
Title: Temporary Protective Order
Effective Date: 2011-07-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/AT-140
Primary Download URL: https://www.courts.ca.gov/documents/at140.pdf
Form Detail Page:
Temporary Protective Order
(AT-140)
States the court’s decision (order) limiting the right of the defendant in a civil case to spend money or transfer other property that the plaintiff may have a right to attach.  Also gives defendants information about their rights.
Get form AT-140
Effective: July 1, 2011
PDF Text:
AT-140
FOR COURT USE ONLY
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
TEMPORARY PROTECTIVE ORDER
The court has considered the application of plaintiff (name):
a. a right to attach order, order for iss uance of writ of attachment pursuant to chapter 4 (beginning with Code Civ. Proc., §
484.010), and a temporary protective order.
an ex parte right to attach order and order for issuance of writ of attachment under Chapter 5 (beginning with Code 
Civ. Proc., § 485.010).
b.
FINDINGS
THE COURT FINDS
natural person partnership
unincorporated association corporation
The amount sought to be secured by the attachment under the application for the right to attach is: $
The claim upon which the application for attachment 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.
(1) There is a danger that the proper ty sought to be attached would be
concealed(a)
substantially impaired in value.(b)
made unavailable to levy by other than concealment or substantial impairment in value.(c)
(2) Defendant has failed to pay the debt underlying the reques ted attachment and is insolvent as defined in Code of 
Civil Procedure section 485.010(b)(2).
A bulk sales notice was recorded and published pursuant to division 6 (beginning with section 6101) of(3)
the Commercial Code with respect to a bulk transfer by the defendant.
(4) An escrow has been opened pursuant to the provisions of  Business and Professions Code section 24074 with respect
(5)
The requirements of Code of Civil Procedure section 485.220 are satisfied, but a temporary protective order shouldg.
issue instead of an ex parte right to attach order and order for issuance of writ of attachment.
before a temporary protective order will issue,Plaintiff must file an undertaking in the amount of: $
and plaintiff has filed an undertaking in that amount.
The property subject to the following order is:
TEMPORARY PROTECTIVE ORDER 
                      (Attachment)
Code of Civil Procedure,Form Approved for Optional Use
Judicial Council of California
AT-140 [Rev. July 1, 2011]
§§ 482.030, 486.010 et seq.;
other (specify): 
to the sale by the defendant of a liquor license. The liquor license number is:
Other circumstances:
Defendant (name): 
Page 1 of 2
   Welfare & Institutions Code, § 15657.01
  www.courts.ca.gov
STREET ADDRESS:
MAILING ADDRESS:
 CITY AND ZIP CODE:
 BRANCH NAME:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO.:TELEPHONE NO.:
ATTORNEY FOR (Name):
E-MAIL ADDRESS:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF 
1.
2.
a.
b.
c.
d.
e.
f. Great or irreparable injury to the plaintiff will result if this order is not issued, based on the following:
The order is not sought for a purpose other than the recovery upon the claim up on which the application for the attachment is
   based.
Plaintiff has established the probable validity of the claim upon which the application for the attachment is based.
h.
i.
  is a 
 for

CASE NUMBER:SHORT TITLE:
The following property of defendant is inventory or farm products held for sale and may be transferred in the ordinary 2.  
k. Other (specify):
ORDER
Defendant shall not transfer, directly or indirectly, any interest in the property described in item 2i of the findings.
Defendant shall not dispose of the proceeds of any transfer of inventory or farm products held for sale except under b.
Other (specify):c.
This order will expire at the earliest of the following times:
(1) When plaintiff levies upon specific property described in this order;
(2) After (date): ; or
(3) 40 days after the issuance of this order.
Number of pages attached:
Date:
(SIGNATURE OF JUDICIAL OFFICER)(TYPE OR PRINT NAME)
NOTICE TO DEFENDANT: An undertaking has been filed with the court by plaintiff. You may object to the undertaking.
a.   You may issue any number of checks against any of your accounts in a financial institution in this state in any amount for
the following purposes: 
(1) Payment of any payroll expense (including fringe benefits and taxes and premiums for workers' compensation and
unemployment insurance) falling due in the ordinary course of business prior to the levy of a writ of attachment.
(2) Payment for goods thereafter delivered to you C.O.D. for use in your trade, business, or profession. 
(3) Payment of taxes if payment is necessary to avoid penalties which will accrue if there is any further delay in payment.
(4) Payment of reasonable legal fees and reasonable costs and expenses required for your representation in the action.
b.   In addition, you may issue any number of checks for any purpose so long as the total amount of such checks does not
exceed the greater of the following:
(1) The amount by which the total amount on deposit exceeds the sum of the amount sought to be secured by the
attachment and the amounts permitted to be paid pursuant to this notice.
(2) One thousand dollars ($1,000).
c.   If the property is farm products held for sale or is inventory, the temporary protective order may not prohibit you from
transferring the property in the ordinary course of business, but may impose appropriate restrictions on the disposition of 
the proceeds from such transfer.
[SEAL] CLERK'S CERTIFICATE
I certify that the foregoing is a correct copy of the original on file in my office.
Date:
Clerk, by , Deputy
AT-140 [Rev. July 1, 2011] Page 2 of 2TEMPORARY PROTECTIVE ORDER 
                      (Attachment)
course of business (specify):
the following restrictions:
AT-140
j.
3.  THE COURT ORDERS
a.
d.
4.

Retrieval chunks

• #1

  Form ID: AT-140 Title: Temporary Protective Order Effective Date: 2011-07-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/AT-140 Primary Download URL: https://www.courts.ca.gov/documents/at140.pdf Form Detail Page: Temporary Protective Order (AT-140) States the court’s decision (order…

• #2

  and plaintiff has filed an undertaking in that amount. The property subject to the following order is: TEMPORARY PROTECTIVE ORDER (Attachment) Code of Civil Procedure,Form Approved for Optional Use Judicial Council of California AT-140 [Rev. July 1, 2011] §§ 482.030, 486.010 et seq.; other (specify): to the s…

• #3

  (2) Payment for goods thereafter delivered to you C.O.D. for use in your trade, business, or profession. (3) Payment of taxes if payment is necessary to avoid penalties which will accrue if there is any further delay in payment. (4) Payment of reasonable legal fees and reasonable costs and expenses required for your…