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attached declaration. or business for commercial purposes and a the property is not necessary for the support of the defendant or the defendant s family b there is an immediate danger that the property will become unavailable to levy by reason of being transferred concealed or removed from the state or will become substantially impaired in value by acts of destruction or by failure to take care of the property in a reasonable manner and c the ex parte issuance of a writ of possession is necessa ...

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What are judicial council forms?

Judicial Council Forms. To help you make sure that your court documents have the information the court needs, the California courts have created a set of court forms called Judicial Council forms.

What happens after writ of possession Ontario?

On average, it takes about 30 days for the propertys occupants to be evicted after the Writ of Possession is sent. Once the lender has possession of the property, they will arrange to sell it typically with a licensed real estate agent. Once the property is sold, any excess profit is given to the homeowner.

What is a writ of possession in California?

A Writ of Possession of Real Property is commonly referred to as the eviction writ. This writ enables the levying officer to satisfy the judgment by placing the judgment creditor in lawful and peaceful possession of specific land and appurtenant structures.

How do you get a writ of possession in Ontario?

The statutory requirement for a writ of possession is set out in Rule 60.10: (1) A writ of possession (Form 60C) may be issued only with leave of the court, obtained on motion without notice or at the time an order entitling a party to possession is made.

What is the effect of ex parte?

Effects of Ex Parte Proceedings Once the proceedings in the civil suit have been declared ex parte by the order of the court, unless the said order is set aside, the pleadings, documents, and evidence filed by the defendant in the suit shall not be considered by the court in deciding the suit.

What is ex parte writ of possession?

1. A showing that the defendant* gained possession of the property described in the application, which was not entrusted to the defendant, by feloniously taking such property from the plaintiff* by means other than by false or fraudulent representation, attached declaration.

What does it mean to proceed ex parte?

In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ex parte means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party.

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