AT-175 - Order to Set Aside Attachment, to Substitute Undertaking, Etc.

Summary

Order to Set Aside Attachment, to Substitute Undertaking, Etc.

Text

Form ID: AT-175
Title: Order to Set Aside Attachment, to Substitute Undertaking, Etc.
Effective Date: 1983-07-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/AT-175
Primary Download URL: https://www.courts.ca.gov/documents/at175.pdf
Form Detail Page:
Order to Set Aside Attachment, to Substitute Undertaking, Etc.
(AT-175)
States the court’s decision to cancel (set aside) a right to attach order that the court made, give back (release) the property that was attached, or make other changes to an attachment.
Get form AT-175
Effective: July 1, 1983
PDF Text:
TELEPHONE NO.:ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): FOR COURT USE ONLY
ATTORNEY FOR (Name):
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
ORDER
to Set Aside Right to Attach Order, Quash Writ of Attachment, and Release 
Property Levied Upon
to Release Attached Property Exceeding in Value the Amount to be Secured
to Substitute Defendant's Undertaking for Property
to Increase Plaintiff's Undertaking
to Determine Sufficiency of Plaintiff's Sureties
to Discharge Attachment and Release Property Levied Upon (Ex Parte)
to Release Property Levied Upon Due to Filing of Undertaking on Appeal
(Ex Parte)
to Reduce the Amount to be Secured by the Attachment
1. a. The court has considered the application of defendant
(name):
for an order
to set aside Right to Attach Order, quash Writ of Attachment, and release property levied upon.
to release attached property exceeding in value the amount to be secured.
to substitute defendant's undertaking for property.
(2)
(3)
to increase plaintiff's undertaking.(4)
determining sufficiency of plaintiff's sureties.(5)
to discharge attachment and release property levied upon.(6)
to release property levied upon due to filing of undertaking on appeal.
to reduce the amount to be secured by the attachment.
(7)
(8)
On hearing as follows (check boxes in items (3) and (4) below to indicate personal presence):b.
div.: rm.:dept.:time:
Attorney (name):Plaintiff (name):(3)
Defendant (name): Attorney (name):
Ex parte.c.
2. THE COURT FINDS
Plaintiff is not entitled to the Right to Attach Order issued on
(date):
Nonresident defendant  has filed a general appearance and plaintiff has not shown that the Right to Attach order is 
authorized by a provision other than CCP 492.010.
b.
The value of defendant's interest in property attached isc.
$
which exceeds the amount necessary to satisfy the amount to be secured by the attachment by
$
The defendants named in item 1a are the only defendants who have an interest in the property described in item 2f.
The following defendants, not named in item 1a, have an interest in the property described in item 2f (names):
d.
e.
(Continued on reverse)
Form Approved by the
Judicial Council of California
AT-175 [Rev. July 1, 1983]
ORDER TO SET ASIDE ATTACHMENT, TO
SUBSTITUTE UNDERTAKING, ETC. (Attachment) CCP 482.030
a.
(4)
Judge (name):
Hearing date:
(1)
(2)
(1)

CASE NUMBER:SHORT TITLE:
2. f. an undertaking in the amount of
is a sufficient substitution for the following property which$
(1)
is subject to attachment (describe):(2)
The undertaking is insufficient as follows (specify):g.
Defendant has recovered judgment against plaintiff and (1) no timely motion to vacate the judgment or for judgment 
notwithstanding the verdict or for a new trial has been filed and served and is pending and no appeal has been 
perfected; and (2) no undertaking has been executed and filed as required by CCP 921.
h.
Enforcement of plaintiff's judgment is stayed by the filing of an undertaking on appeal and justification of defendant's 
sureties
i.
has been made.
has been waived in writing.
has been waived by failure to timely object.
The amount to be secured by the attachment may be reduced by the amount of $
Other (specify):
j.
k.
ORDER
3.  IT IS ORDERED
is set aside.The Right to Attach Order issued on (date):a.
is quashed.The Writ of Attachment issued on (date):b.
The property levied upon pursuant to the Writ of Attachment issued onc.
(date):                                                          is released as follows:
all property.
property in the amount of $
the following property (describe):
(1)
(2)
(3)
Defendant may substitute an undertaking for property which has been attached as follows:
(1)  amount of undertaking: $
(2)  property (describe):
d.
Defendant may file an undertaking to prevent the levy upon property as follows:
(1)  amount of undertaking: $
(2)  property (describe):
e.
An increase in the amount of plaintiff's undertaking is required to a total undertaking of $
An undertaking in this amount shall be filed on or before (date):
f.
with sufficient sureties.Plaintiff shall file an undertaking by (date):g.
h. The amount to be secured by the attachment is reduced to $
Other:i.
Total number of boxes checked in item 3
Date:
(SIGNATURE OF JUDGE)(TYPE OR PRINT NAME)
Page twoAT-175 [Rev. July 1, 1983]
has been attached (describe):
j.
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .

Retrieval chunks

• #1

  Form ID: AT-175 Title: Order to Set Aside Attachment, to Substitute Undertaking, Etc. Effective Date: 1983-07-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/AT-175 Primary Download URL: https://www.courts.ca.gov/documents/at175.pdf Form Detail Page: Order to Set Aside Attachment, to Su…

• #2

  The value of defendant's interest in property attached isc. $ which exceeds the amount necessary to satisfy the amount to be secured by the attachment by $ The defendants named in item 1a are the only defendants who have an interest in the property described in item 2f. The following defendants, not named in item…

• #3

  h. The amount to be secured by the attachment is reduced to $ Other:i. Total number of boxes checked in item 3 Date: (SIGNATURE OF JUDGE)(TYPE OR PRINT NAME) Page twoAT-175 [Rev. July 1, 1983] has been attached (describe): j. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .…