Legal Question in Civil Litigation in California
how to release a writ of attachment on a property?
I was a defendant of a law suit in which the plaintiff placed a writ of attachment on my property. We agreed in a dismissal w/prejudice after 3 yrs. On the last hearing the plaintiff lawyers on court call told the judge that they agreed that we had dismissed the case but they claim to had incorrectly filed the dismissal form. the judge ordered the case dismissed but now i am puzzled on what forms or what can i do to release the attachment on my property.
2 Answers from Attorneys
Re: how to release a writ of attachment on a property?
You will need to file a motion to remove the attachment. As an initial matter, what type of attachment is it and what type of property? Is it a lis pendens recorded on real estate?
Further, many litigants are required to post a bond to obtain an attachment order. The bond is to cover any damages you suffer as a result of wrongful attachment. Have you suffered any damages?
Depending on the circumstances of your situation, this may be able to be wrapped up without further litigation. Feel free to email with any questions. We practice civil litigation and can easily help you.
Re: how to release a writ of attachment on a property?
You should file a motion requesting sanctions/attorney fees for their tying up your property. Can I help?
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