Free Petition for Return of Property - New York


File Size: 45.7 kB
Pages: 8
Date: August 26, 2005
File Format: PDF
State: New York
Category: Court Forms - Federal
Author: tester
Word Count: 813 Words, 5,050 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.nynd.uscourts.gov/documents/Returnofproperty.pdf

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

FORM PETITION AND ORDER FOR THE RETURN OF PROPERTY

PETITIONER MUST COMPLETE THE ENTIRE PACKET AND RETURN IT TO THE CLERK. ALL CHARGES AGAINST THE DEFENDANT FOR WHICH BAIL WAS POSTED MUST BE TERMINATED BY CONVICTION AND SENTENCE OR DISMISSAL BEFORE SUBMITTING THE PETITION TO THE COURT

TO BE COMPLETED BY PETITIONER

PETITIONER'S NAME: FULL ADDRESS:

MAILING ADDRESS IF DIFFERENT FROM ABOVE

FULL SOCIAL SECURITY #

*****FOR INTERNAL CLERK'S OFFICE USE ONLY (TO BE KEPT WITH RECEIPT FOR NON-CASH COLLATERAL IN SAFE) Case Number

*****THIS PAGE SHALL NOT BE SCANNED*****

______________________________________________________________________________ FOR CLERK'S OFFICE USE ONLY TITLE/DEED RETURNED TO PETITIONER
DATE

LETTER OF INSTRUCTION ORDER AND PETITION FOR RETURN OF PROPERTY (DEED/TITLE) Use the enclosed form Order and Petition to obtain return of a property deed or title for a surety who has lodged such deed or title with the court on behalf of the defendant in a criminal matter for the purpose of a bail bond. The petitioner (person who posted the deed or title) is to complete the enclosed petition, have it notarized, and return it to the Clerk, U.S. District Court. The Clerk will verify the signature on the petition and verify that the deed or title was lodged with the Court. The petition and proposed order will then be sent to the appropriate Judge for consideration. After the order is signed, the petition and order will be returned to the Clerk and your deed or title will be mailed to you.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA, Plaintiff V. PETITION

Case No: Defendant(s)

To the Honorable Judge of the United States District Court for the Northern District of New York: Your petitioner, That your petitioner resides at: CITY STATE/COUNTRY respectfully shows:

Social Security Number of Petitioner: (LAST 4 DIGITS ONLY)

That on(date)

, the defendant herein gave bond before the

United States Magistrate Judge for his/her appearance to answer to the criminal charges against him/her, and your petitioner on the day aforesaid signed said bond as surety for the said defendant and posted with said United States District Court the deed or title of property.

2

Property Description:

That thereafter and on(date)

, the said defendant appeared

before this court. The charge, for which bail was posted, was finally determined by: Select Appropriate Disposition: G G Conviction and Sentence Dismissal

That said deed or title posted with the United States District Court as aforesaid is the property of your petitioner.

WHEREFORE, your petitioner respectfully prays that an order be entered releasing your petitioner as surety as aforesaid and that the Clerk of the Court be directed to remit to your petitioner the deed or title for the property posted in connection with said bail bond.

Signature of Petitioner Dated: ,

3

State of

County of

Social Security #(LAST 4 DIGITS)

City of

, being duly sworn, deposes and states that he/she is the petitioner in the above petition; that he/she has read the foregoing petition and knows the contents thereof and that the same are true of his/her own knowledge.

Signature of Petitioner Sworn to before me this day of .

NOTARY PUBLIC

My Commission Expires:

3

TO BE COMPLETED BY THE CLERK'S OFFICE UPON RECEIPT OF THE PETITION 1. I, , Deputy Clerk have verified that the signature on the petition appears to be the same as the signature on the Bail Bond filed with this Court on . G I have verified that the deed/title was posted with the Court on by the petitioner. (Date) 3. G (Check if Appropriate) The Petitioner is different than the original payee. Appropriate legal documentation of the transfer of entitlement is attached to this petition for the court's consideration. Self Surrender Cases: I have verified with the U.S. Marshal that the defendant reported to the designated Bureau of Prisons institution. The petition and supporting documents have been signed and notarized where appropriate.

2.

4.

G

5.

G

Deputy Clerk Dated:

INSTRUCTIONS FOR THE CLERK FOLLOWING APPROVAL OF THE ORDER 1) 2) 3) Scan & Docket the Petition and Order Return the Deed/Title with a copy of the Order by Return Receipt. Make an entry on the docket regarding compliance with the Order

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA, Plaintiff V. CRIMINAL NO. ORDER

Defendant.

Upon reading and filing the annexed petition, it is ORDERED; that the petitioner therein be and he/she hereby is released as surety on the bail bond of the defendant in the above entitled cause, and it is further ORDERED; that the Clerk of the Court remit to the petitioner the title or deed posted in connection with said bail bond.

DATED: UNITED STATES DISTRICT JUDGE

****************************************************************************** RETURN ON ORDER I, this day of deputy clerk have complied with the Court's order .