Free AT-125 EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment) - California

COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): : :
TELEPHONE NO.: ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FAX NO.:

AT-125
FOR COURT USE ONLY

Index No. Calendar No.

Plaintiff(s)

: : : :

JUDICIAL SUBPOENA

-against-

PLAINTIFF:

...... DEFENDANT:.

Defendant(s) : ...............................................
CASE NUMBER:

EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF THE PEOPLE OF THE STATE OF NEW YORK WRIT OF ATTACHMENT (RESIDENT) ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT (RESIDENT) TO 1. The application and supporting declaration or affidavit of plaintiff (name): right to attach order and order for issuance of writ of attachment for an ex parte writ of attachment GREETINGS: has been considered by the court.

order for issuance of an additional

FINDINGS
2. THE COURT WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before FINDS a. the Honorable Defendant (specify name): natural person is a Court , at the corporation other (specify): partnership unincorporated association located at County of b. The claim upon which the application is based is one upon which an attachment may be issued under Code of Civil Procedure in room , on the day of , 20 , at o'clock in the noon, and at any recessed section 483.010. or adjourned date, to testify and give evidence as a witness in this action on the part of the 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 the 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 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to to be specified in the writ, are not exempt from attachment. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a g. The portion of the property sought to be attached described in item 3b is not exempt from attachment. result of your failure to comply. h. An undertaking in the amount of: $ is required before a writ shall issue, and plaintiff has has not filed an undertaking in that amount. Witness, Honorable one of the Justices heard i. Great or irreparable injury will result to the plaintiff if issuance of the order is delayed ,until the matter can beof the on notice, based in the following: County, on Court day of , 20 (1) There is a danger that the property sought to be attached would be (a) concealed. (b) substantially impaired in value. (c) made unavailable to levy by other than concealment or impairment in value. (Attorney must sign above and type defined in Code of Civil Defendant has failed to pay the debt underlying the requested attachment and is insolvent as name below) Procedure section 485.010, subdivision (b)(2), as set forth in the affidavit or declaration filed in support of this application, which specifies the defendant's known undisputed debts and the basis for plaintiff's determination that the defendant's debts are undisputed. Attorney(s) for 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. 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): Office and P.O. Address A Right to Attach Order was issued on (date): Code of Civil Procedure section 484.090 (on notice) Other (specify): pursuant to Code of Civil Procedure section 485.220 (ex parte)

(2)

(3) (4) (5) j. k.

Form Approved for Optional Use Judicial Council of California AT-125 [Rev. January 1, 2000]

ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)

Telephone No.: Facsimile No.: (Continued on reverse) E-Mail Address: EX PARTE RIGHT TO ATTACH ORDER ANDTel. No.: FOR Mobile ORDER

Code of Civil Procedure, §§ 482.030, 485.010 et seq.

American LegalNet, Inc. www.USCourtForms.com

SHORT TITLE:

CASE NUMBER:

ORDER
3. THE COURT ORDERS a. Plaintiff has a right to attach property of defendant (name): in the amount of: $ b. The clerk shall issue a writ of attachment an additional writ of attachment in the amount stated in item 3a 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) (3) (4)

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):

c.

Defendant shall transfer to the levying officer possession of (1) any documentary evidence in defendant's possession of title to any property described in item 3b. (2) any documentary evidence in defendant's possession of debt owed to defendant described in item 3b. (3) the following property in defendant's possession (specify):

NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT.
d. Other (specify):

e. Total number of boxes checked in item 3: ______ Date:

.............................................
(TYPE OR PRINT NAME) AT-125 [Rev. January 1, 2000] (SIGNATURE OF JUDGE OR COMMISSIONER) Page two

EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)