Form 8-19

The order is discussed at section 8.26:5 in this chapter. This form assumes that the hearing will be ex parte. For appearance by the defendant, modify the form as appropriate.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order for Issuance of Writ of Attachment

At the hearing on Plaintiff’s Application for Writ of Attachment in this cause, Plaintiff appeared by and through his attorney of record. The hearing was conducted without notice to Defendant.

The Court finds that—

1.during the period from about January 29, 2018, through February 19, 2018, Plain­tiff sold and delivered to Defendant certain face brick and fireplace equipment;

2.these materials had a fair market value and agreed purchase price of $3,053.90;

3.Plaintiff has demanded payment from Defendant, but Defendant has not made payment;

4.Defendant is indebted to Plaintiff in the amount of $3,053.90;

5.Defendant has stated that he intends to sell his property and move to another state;

6.the attachment is not sued out to injure or harass Defendant; and

7.Plaintiff will probably lose his debt unless this attachment is issued.

It is therefore ORDERED that a writ of attachment be issued against Defendant for property in Defendant’s possession in the maximum amount of $____________, conditioned that Plaintiff must post a bond in the amount of $____________, payable to Defendant, condi­tioned and approved as required by law.

It is further ORDERED that the property be kept safe and preserved subject to further orders of this Court.

It is further ORDERED that Defendant may replevy any of the property by posting a bond in the amount of $____________, payable to Plaintiff, conditioned and approved as required by law.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]