Fill and Sign the Notice of Attachment California Form

– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– – ––––– ––––– ––––– – – – ––––– ––––– – – – – ––––– – ––––– – ––––– – ––––– – ––––– – – AT-1 65 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY Recording requested by and return to: TELEPHONE NO.: FAX NO.: ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIF F: DEFENDAN T: LEVYING OFFICER (Name and Address): NO TICE OF ATTACHMENT [This form is Used in connection with levy under a writ of attachment.] LEVYING OFFICER FILE NO.: COURT CASE NO.: TO THE PERSON NOTIFIED (name): 1. Plaintiff in this action seeks to attach property in which defendant has an interest. The property to be attached is a . (describe property): b . described in the Writ of Attachment and Order for Issuance of Writ of Attachment, attached hereto and incorporated by reference. 2. You are notified as a . a defendant. b . a person other than defendant (state capacity in which person is being notified): (Read Information for Defendant or Information for Person Other than Defendant on reverse.) 3. A notice was filed with the a . Secretary of State. b . Department of Motor Vehicles. c . Department of Housing and Community Development. 4. Notice of Attachment was a . mailed on (date): b . delivered on (date): c . posted on (date): d . filed on (date): e . recorded on (date): Signed by: Levying officer Registered process server (Continued on reverse) Form Approved for Optional Use Judicial Council of California AT-165 [Rev. January 1, 2000] NOTICE OF ATTACHMENT (Attachment) Code of Civil Procedure §§ 482.030, 488.066electronic form ã 1999 WWW.LawCA.co m Law Publishers - I N F O R M AT I O N F O R D E F E N D AN T - 1. The levying officer may be required to take custody of property described in item 1 in your possession or under your control. You have a right to be represented by an attorney in this lawsuit. 2. You may claim any available exemption for your property. An exemption for real property maybe claimed anytime before the entry of judgment. If the right to attach order or writ of attachment was issued without a noticed hearing and you wish to claim an exemption for personal property, you must do so within 30 days after the levying officer serves you with the Notice of Attachment describing the property. If you do not claim an exemption, you may lose it and the property is subject to attachment. If you wish to seek the advice of an attorney, you should do so immediately so that a claim of exemption can be filed on time. 3. Plaintiff has filed an undertaking. You have the right to object to the undertaking and may apply for an order to substitute an undertaking for your property which has been or is subject to being attached. 4. You have a duty to release tangible personal property to the levying officer. You have the rights and duties specified in Code of Civil Procedure section 488.395 if your farm products or inventory of a going business have been or are subject to attachment. 5 . If the property is perishable or will greatly deteriorate in value, or for other good reason, you may apply ex parte, or if the court or court rule requires, by noticed motion, for an order appointing a receiver or directing the levying officer to take any action necessary to preserve the value of the property, including selling the property. The court may order any receiver to be paid from the proceeds of the sale of your property. 6 . You may apply for a release of the attachment to the extent that the value of your interest in the property exceeds the amount necessary to satisfy the attachment. 7 . You may apply to the court for an order modifying or vacating any temporary protective order in the interests of justice or for an order terminating the same upon filing an undertaking. 8 . If the writ of attachment has been issued against you because you are a nonresident, you may have the right to attach order set aside by filing a general appearance. 9 . If the writ of attachment was issued on an ex parte application, you may apply for an order that the right to attach order be set aside, the writ quashed, and any property levied upon pursuant to the writ be released. 1 0. If you recover judgment against plaintiff, you may apply for a release of all property attached by plaintiff under the Writ of Attachment. If judgment is recovered against you and you appeal, you have the right to obtain the release of your property by filing a sufficient undertaking. 11. You may object to the amount sought to be secured by the attachment. 12. You may recover damages for wrongful attachment. - I NF O RM AT I O N F O R P E R S O N O T HE R T H AN DE F E ND A N T - 1 . If the property attached or sought to be attached is in your possession or under your control and you do not claim the right to possession or a security interest, you must deliver the property to the levying officer. If you do not deny an obligation levied upon or do not claim a priority over the plaintiff's lien, you must pay to the levying officer the amount that is due and payable and that becomes due and payable during the period of the attachment lien. You must execute and deliver any documents needed to transfer the property. 2. You must complete the accompanying Memorandum of Garnishee. 3. If you claim ownership or the right to possession of real or personal property levied upon or if you claim a security interest in or lien on personal property levied upon, you may make a third-party claim and obtain the release of the property pursuant to Code of Civil Procedure sections 720.010-720.800. 4 . If you have an interest in the property attached or sought to be attached and the property is perishable or will greatly deteriorate in value, or for other good reason, you may apply ex parte, or if the court or court rule requires, by noticed motion, for an order appointing a receiver or directing the levying officer to take any action necessary to preserve the value of the property, including selling the property. The court may order any receiver to be paid from the proceeds of the sale of your property. 5 . Make checks payable to the levying officer. AT-1 65 [Rev. January 1, 2000] NOTICE OF ATTACHMENT (Attachment) Page twoelectronic form ã 1999 WWW.LawCA.co m Law Publishers