Free AT-175 ORDER TO SET ASIDE ATTACHMENT, TO SUBSTITUTE UNDERTAKING, ETC. (Attachment) - California

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):

TELEPHONE NO.:

FOR COURT USE ONLY

ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

PLAINTIFF: DEFENDANT:

COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : : :

Index No. Calendar No.

CASE NUMBER:

ORDER
to Set Aside Right to Attach Order, Quash Writ of Attachment, and Release Plaintiff(s) Property Levied Upon -againstto Release Attached Property Exceeding in Value the Amount to be Secured

JUDICIAL SUBPOENA

to Substitute Defendant's Undertaking for Property : to Increase Plaintiff's Undertaking to Determine Sufficiency of Plaintiff's Sureties : to Discharge Attachment and Release Property Levied Upon (Ex Parte) : to Release Property Levied Upon. Due .to. Filing. of .UndertakingDefendant(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .on .Appeal .. ...... (Ex Parte) to Reduce the Amount to be Secured by the Attachment 1. a. The court has considered thePEOPLE OF THE STATE OF NEW YORK application of defendant THE (name): for an order TO (1) to set aside Right to Attach Order, quash Writ of Attachment, and release property levied upon. (2) to release attached property exceeding in value the amount to be secured. (3) to substitute defendant's undertaking for property. GREETINGS: (4) to increase plaintiff's undertaking. (5) determining sufficiency of plaintiff's sureties. business and excuses being laid aside, you and each of you attend before WE COMMAND YOU, that all , the Honorable at the Court (6) to discharge attachment and release property levied upon. County of (7) to release property levied upon due to located atundertaking on appeal. filing of in room , on the day of , 20 , at o'clock in the noon, and at any recessed (8) to reduce the amount to be secured by the attachment. or adjourned date, to testify and give evidence as a witness in this action on the part of the b. On hearing as follows (check boxes in items (3) and (4) below to indicate personal presence): (1) Judge (name): (2) Hearing date: time: dept.: div.: rm.: (3) Plaintiff (name): Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Attorney (name): the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Defendant (name): failure to comply. Attorney (name): (4) result of your c. Ex parte.
Witness, Honorable , one of the Justices of the 2. THE COURT FINDS Court in County, day of , 20 Plaintiff is not entitled to the Right to Attach Order issued on a. (date): Nonresident defendant has filed a general appearance and plaintiff has not shown that the Right toname below) b. (Attorney must sign above and type Attach order is authorized by a provision other than CCP 492.010.

c.

The value of defendant's interest in property attached is
Attorney(s) for $ which exceeds the amount necessary to satisfy the amount to be secured by the attachment by
$

d. e.

The defendants named in item 1a are the only defendants who have an interest in the property described in item 2f. Office and P.O. Address The following defendants, not named in item 1a, have an interest in the property described in item 2f (names):

Form Approved by the Judicial Council of California AT-175 [Rev. July 1, 1983]

Telephone No.: Facsimile No.: E-Mail Address: ORDER TO SET ASIDE ATTACHMENT, TO Mobile SUBSTITUTE UNDERTAKING, ETC. (Attachment) Tel. No.:
(Continued on reverse)

CCP 482.030
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SHORT TITLE:

CASE NUMBER:

2. f.

an undertaking in the amount of
$

is a sufficient substitution for the following property which has been attached (describe):

(1)

(2) g.

is subject to attachment (describe):

The undertaking is insufficient as follows (specify):

h.

Defendant has recovered judgment against plaintiff and (1) no timely motion to vacate the judgment or for judgment notwithstanding the verdict or for a new trial has been filed and served and is pending and no appeal has been perfected; and (2) no undertaking has been executed and filed as required by CCP 921. Enforcement of plaintiff's judgment is stayed by the filing of an undertaking on appeal and justification of defendant's sureties has been made. has been waived in writing. has been waived by failure to timely object. The amount to be secured by the attachment may be reduced by the amount of $ Other (specify):

i.

j. k.

ORDER
3. IT IS ORDERED The Right to Attach Order issued on (date): a. The Writ of Attachment issued on (date): b. c. The property levied upon pursuant to the Writ of Attachment issued on (date): is released as follows: (1) all property. (2) property in the amount of $ (3) the following property (describe): is set aside. is quashed.

d.

Defendant may substitute an undertaking for property which has been attached as follows: (1) amount of undertaking: $ (2) property (describe):

e.

Defendant may file an undertaking to prevent the levy upon property as follows: (1) amount of undertaking: $ (2) property (describe):

f. g. h. i.

An increase in the amount of plaintiff's undertaking is required to a total undertaking of $ An undertaking in this amount shall be filed on or before (date): Plaintiff shall file an undertaking by (date): with sufficient sureties. The amount to be secured by the attachment is reduced to $ Other:

j. Total number of boxes checked in item 3 Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME) AT-175 [Rev. July 1, 1983] (SIGNATURE OF JUDGE) Page two