Navigating through legal procedures can often feel like threading through a labyrinth, especially when dealing with forms that have the power to impact one's financial standing or property rights. Among these, the Cv 4G form serves as a crucial tool for defendants in the legal arena. This form is essentially a multifaceted application that allows defendants to request various orders regarding attachments – a legal process by which a court temporarily seizes a defendant's property to secure a potential future judgment. Through Cv 4G, defendants can seek to set aside a Right to Attach Order, quash a Writ of Attachment, and release their property that might be wrongfully held. Additionally, it allows for the substitution of a defendant's undertaking (a promise backed by the deposit of money or property) in place of attached property, adjustment of the attachment amount, and challenges to the sufficiency of plaintiff's sureties. It even paves the way for the release of property levied upon due to certain victories or procedural moves by the defendant, such as recovering judgment in the action or filing an undertaking on appeal. The form requires detailed information about the court, case number, parties involved, and the specific relief sought, along with supporting documents. This comprehensive instrument is not only a testament to the avenues provided by law for the protection of property rights but also underscores the importance of understanding and accurately completing judicial paperwork. Accurately engaging with the Cv 4G form can significantly affect the outcome of a legal dispute involving attachment, making it imperative for defendants to navigate this process with precision and awareness.
| Question | Answer |
|---|---|
| Form Name | Form Cv 4G |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | Nonresident, foregoing, div, AT-170 |
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): |
TELEPHONE NO.: |
ATTORNEY FOR (Name):
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
APPLICATION AND NOTICE OF HEARING FOR ORDER
to Set Aside Right to Attach Order, Quash Writ of Attachment, and Release Attached Property
to Release Attached Property Exceeding in Value the Amount to be Secured to Substitute Defendant's Undertaking for Property
to Increase Plaintiff's Undertaking
to Determine Sufficiency of Plaintiff's Sureties
to Reduce Amount to be Secured by the Attachment
EX PARTE APPLICATION FOR ORDER
to Discharge Attachment and Release Property Levied Upon
to Release Property Levied Upon Due to Filing of Undertaking on Appeal
FOR COURT USE ONLY
CASE NUMBER:
1.
To plaintiff (name):
You are notified that a hearing on defendant's application in item 2 will be held in this court as follows:
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date: |
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time: |
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dept.: |
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rm.: |
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Resident |
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Nonresident |
defendant |
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(name): |
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makes application for an order |
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a. |
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(1) |
to set aside the Right to Attach Order issued on |
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(date):
(2)to quash the Writ of Attachment issued on
(date):
(3)to release the attached property of the defendant described in the writ.
b. |
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to substitute an undertaking in the amount of |
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in lieu of |
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(1) |
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all of defendant's property which has been attached or is subject to attachment. |
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(2) |
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the following portion of defendant's property which has been attached or is subject to attachment: |
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(a) value: $ |
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(b) description: |
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for release of the following attached property to the extent that the value of defendant's interest in the property clearly |
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exceeds the amount necessary to satisfy the amount to be secured by the attachment: |
(1) value: $
(2) description:
APPLICATION TO SET ASIDE RIGHT TO ATTACH ORDER AND RELEASE ATTACHED PROPERTY, ETC. (Attachment)
CCP 482.030
Page one
SHORT TITLE:
CASE NUMBER:
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to reduce the amount to be secured by the attachment in the amount of |
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$ |
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(specify grounds): |
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to increase the amount of plaintiff's undertaking on the following grounds (CCP 489.220) (specify): |
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to determine the sufficiency of sureties on the following grounds (specify): |
g.to discharge the attachment and release property levied upon on the grounds that defendant recovered judgment in the action. Plaintiff has not filed and served a timely motion to vacate the judgment or for judgment notwithstanding the verdict or for a new trial; nor has plaintiff perfected an appeal; nor has plaintiff filed the undertaking required by CCP 921.
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to release defendant's property levied upon owing to the stay of enforcement of plaintiff's judgment upon |
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defendant's filing of an undertaking on appeal. |
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Defendant's title to the property identified in item
2b(1) |
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2b(2) and the manner of its acquisition is set forth in the |
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attached affidavit |
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following facts: |
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No defendant other than the applicant has an interest in the property described in item
2b(1) |
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2b(2) |
Nonresident defendant's application is made on the grounds of a general appearance and defendant states
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the Right to Attach Order was issued pursuant to CCP 492.010. |
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Date:
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the general appearance was filed in this action on |
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(date) |
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this: application is the first appearance of the defendant. |
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Defendant's application is supported by the |
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attached affidavit. |
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attached points and authorities. |
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following facts (specify): |
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following points and authorities (specify): |
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME OF DEFENDANT) |
(SIGNATURE OF DEFENDANT) |
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By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(NAME AND TITLE)
DECLARATION
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
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(TYPE OR PRINT NAME) |
(SIGNATURE OF DECLARANT) |
7. Total number of pages attached:
APPLICATION TO SET ASIDE RIGHT TO ATTACH ORDER |
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AND RELEASE ATTACHED PROPERTY, ETC. (Attachment) |
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