AT-170 Application to Set Aside Right to Attach Order and Release Attached Property, Etc.

Source: https://www.courts.ca.gov/documents/at170.pdf

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY To keep other people from seeing what you entered on your form, please press the ATTORNEY FOR (Name): Clear This Form button at the NAME OF COURT: end of the form when finished.

STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

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 to Discharge Attachment and Release Property Levied Upon to Release Property Levied Upon Due to Filing of Undertaking on Appeal

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:

   date: time: dept.: div.: rm.:

2. Resident Nonresident defendant
   (name):

   makes application for an order a. (1) to set aside the Right to Attach Order issued on (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. to substitute an undertaking in the amount of $ in lieu of (1) all of defendant's property which has been attached or is subject to attachment. (2) the following portion of defendant's property which has been attached or is subject to attachment: (a) value: $ (b) description: c. for release of the following attached property to the extent that the value of defendant's interest in the property clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment: (1) value: $ (2) description: (Continued on reverse)

Form Approved by the APPLICATION TO SET ASIDE RIGHT TO ATTACH ORDER Judicial Council of California AT-170 [Rev. July 1, 1983] AND RELEASE ATTACHED PROPERTY, ETC. (Attachment) CCP 482.030

SHORT TITLE: CASE NUMBER:

2. d. to reduce the amount to be secured by the attachment in the amount of
   $
   (specify grounds):

   e. to increase the amount of plaintiff's undertaking on the following grounds (CCP 489.220) (specify):

   f. 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.

   h. to release defendant's property levied upon owing to the stay of enforcement of plaintiff's judgment upon
   defendant's filing of an undertaking on appeal.

3. Defendant's title to the property identified in item
   2b(1) 2b(2) and the manner of its acquisition is set forth in the
   attached affidavit following facts:

4. No defendant other than the applicant has an interest in the property described in item
   2b(1) 2b(2)

5. Nonresident defendant's application is made on the grounds of a general appearance and defendant states
   a. the Right to Attach Order was issued pursuant to CCP 492.010.
   b. the general appearance was filed in this action on
   (date)
   c. :this application is the first appearance of the defendant.

6. Defendant's application is supported by the
   a. attached affidavit. c. attached points and authorities.
   b. following facts (specify): d. following points and authorities (specify):

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (TYPE OR PRINT NAME OF DEFENDANT) (SIGNATURE OF DEFENDANT)

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:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Total number of pages attached:

APPLICATION TO SET ASIDE RIGHT TO ATTACH ORDER AT-170 [Rev. July 1, 1983] AND RELEASE ATTACHED PROPERTY, ETC. (Attachment) Page two For your protection and privacy, please press the Clear This Form button after you have printed the form. Save This Form Print This Form Clear This Form