AT-125
FOR COURT USE ONLY
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
EX PARTE
CASE NUMBER:
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF
WRIT OF ATTACHMENT (RESIDENT)
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
(RESIDENT)
1. The application and supporting declaration or affidavit of plaintiff (name):
for an ex parte right to attach order and order for issuance of writ of attachment
has been considered by the court.
order for issuance of an additional
writ of attachment
FINDINGS
THE COURT FINDS
a. Defendant (specify name):
is a natural person
other (specify):
partnership
unincorporated association corporation
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: $
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)
There is a danger that the property sought to be attached would be
(b)
concealed.(a) substantially impaired in value.
(c) made unavailable to levy by other than concealment or impairment in value.
(2)
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.
(3)
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):
(4)
(5)
pursuant to
j. A Right to Attach Order was issued on (date):
Code of Civil Procedure section 485.220 (ex parte)
Code of Civil Procedure section 484.090 (on notice)
k. other (specify):
EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)
Code of Civil Procedure,
Form Approved for Optional Use
Judicial Council of California
AT-125 [Rev. July 1, 2010]
§§ 482.030,485.010 et seq.;
2.
is required before a writ shall issue, and plaintiff
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):TELEPHONE NO.:
ATTORNEY FOR (Name):
E-MAIL ADDRESS (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
Page 1 of 2
Welfare & Institutions Code, § 15657.01
www.courtinfo.ca.gov
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