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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
AT-125
FOR COURT USE ONLY
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
EX PARTE
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF
WRIT OF ATTACHMENT (RESIDENT)
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
(RESIDENT)
CASE NUMBER:
1. The application and supporting declaration or affidavit of plaintiff (name):
for an ex parte
writ of attachment
right to attach order and order for issuance of writ of attachment
has been considered by the court.
2.
THE COURT FINDS
a. Defendant (specify name):
partnership
unincorporated association
corporation
is a
natural person
other (specify):
FINDINGS
order for issuance of an additional
b. The claim upon which the application 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.
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 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
to be specified in the writ, are not exempt from attachment.
g. The portion of the property sought to be attached described in item 3b, is not exempt from attachment.
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.
i. Great or irreparable injury will result to the plaintiff if issuance of the order is delayed until the matter can be heard on notice,
based on the following:
(1)
(2)
(3)
(4)
(5)
(b)
concealed.
made unavailable to levy by other than concealment or impairment in value.
There is a danger that the property sought to be attached would be
(a)
(c)
Defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of Civil
Procedure section 485.010(b)(2), as set forth in the affidavit or declaration filed in support of this application, and that
specifies the defendant's known undisputed debts and the basis for plaintiff's determination that the defendant's debts
are undisputed.
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.
substantially impaired in value.
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):
A Right to Attach Order was issued on (date):
pursuant to
Code of Civil Procedure section 484.090 (on notice)
Code of Civil Procedure section 485.220 (ex parte)
j.
k.
other (specify):
Form Approved for Optional Use
Judicial Council of California
AT-125 [Rev. July 1, 2010]
EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)
Page 1 of 2
Code of Civil Procedure,
§§ 482.030,485.010 et seq.;
Welfare & Institutions Code, § 15657.01
www.courtinfo.ca.gov
SHORT TITLE:
CASE NUMBER:
AT-125
3. THE COURT ORDERS
a. Plaintiff has a right to attach property of defendant (name):
ORDER
in the amount of: $
b. The clerk shall issue
forthwith
a writ of attachment
an additional writ of attachment
in the amount state in item 3a
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)
(2)
(3)
any documentary evidence in defendant's possession of title to any property described in item 3b.
any documentary evidence in defendant's possession of debt owed to defendant described in item 3b.
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:
AT-125 [Rev. July 1, 2010]
(JUDICIAL OFFICER)
EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)
Page 2 of 2
Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident)
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About This Form:
- Sourced from selfhelp.courts.ca.gov (2023-03)
- Page(s): 2
- Fields(s): 68
- Average fields per page: 34
- Reading Level: Grade 9
- LIST Grouping(s):
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