Legal Petition for Discharge

LEGAL PETITION FOR DISCHARGE

COMES NOW, Petitioner Name: of Petitioner Address: and files this Petition for Discharge against Respondent Name: of Respondent Address: pursuant to the facts and grounds set forth below.

Court: | Case Number: | Filing Date:

RECITALS

WHEREAS, Petitioner and Respondent previously entered into an agreement and/or incurred obligations as described herein, including but not limited to obligations arising on or about for the principal sum of $; and

WHEREAS, a judgment, lien, or other encumbrance was entered against Petitioner or the subject property on in favor of Respondent, which Petitioner contends is subject to discharge for the reasons set forth below; and

WHEREAS, Petitioner seeks a judicial determination discharging the obligation, lien, or judgment in whole or in part on statutory and equitable grounds and requests the Court to enter an order effecting that discharge.

NOW, THEREFORE

Petitioner respectfully petitions the Court for entry of an order discharging the obligation, lien, or judgment against Petitioner and in support thereof alleges as follows:

1. DEFINITIONS

For purposes of this Petition, the following terms shall have the meanings ascribed: "Discharge" means the judicial elimination, release, or satisfaction of an obligation, lien, levy, or judgment; "Obligation" means the debt, duty, or liability at issue in this Petition; "Order" means any judicial decree directing discharge in whole or in part.

2. RELIEF REQUESTED

Petitioner requests that the Court enter an order that:

1. Declares that the obligation, judgment, lien, or encumbrance identified in this Petition is discharged as against Petitioner to the extent set forth by the Court;
2. Orders the satisfaction and release of any recorded lien or judgment encumbering Petitioner or Petitioner’s property; and
3. Grants such further and other relief as the Court deems just and proper, including attorneys' fees where authorized by law.

3. GROUNDS FOR DISCHARGE

The grounds supporting the requested discharge include, without limitation, one or more of the following statutory or equitable bases: fraud in the inducement; material breach; satisfaction or payment in full; statute of limitations; release or accord and satisfaction; lack of consideration; misapplication of payments; equitable estoppel; or other defenses that render the obligation unenforceable. Petitioner expressly reserves the right to rely upon any additional grounds that may be demonstrated during this proceeding.

4. STATEMENT OF FACTS

5. ADDITIONAL ALLEGATIONS

Petitioner alleges that notice was provided to Respondent in accordance with applicable rules and that Petitioner has complied with all pre-filing obligations required to seek the relief requested. If Respondent contests the Petition, Petitioner requests the Court set the matter for hearing to resolve disputed issues of fact.

6. SERVICE AND NOTICE

7. ATTORNEY INFORMATION (IF APPLICABLE)

8. PETITION TYPE

Select the nature of the discharge sought:

Contractual Debt    Judgment Satisfaction    Lien Release    Other

9. VERIFICATION

I, , declare under penalty of perjury under the laws applicable to this proceeding that the foregoing is true and correct to the best of my knowledge, information, and belief, and that I am authorized to submit this Petition on the stated grounds.

10. CLOSING PROVISIONS

Governing Law: This Petition shall be governed by and construed in accordance with the laws of the jurisdiction of the Court in which it is filed.

Entire Agreement: This Petition, together with any attachments, exhibits, or documents incorporated by reference, constitutes the entire statement of Petitioner's claims for the relief requested herein and supersedes any prior statements or representations with respect to such claims.

Severability: If any provision of this Petition is held to be invalid or unenforceable, the remainder of the Petition shall not be affected and shall remain in full force and effect to the maximum extent permitted by law.

Amendments; Waiver; Counterparts: This Petition may be amended with leave of the Court. No waiver of any provision of this Petition shall be effective unless in writing and signed by the waiving party. This Petition may be executed in counterparts, each of which shall be deemed an original.

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