Petition hearing 2025

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  1. Click ‘Get Form’ to open the Petition for Release of Excess Proceeds in the editor.
  2. Begin by filling in the 'Name of Petitioner' and 'County' at the top of the form. This identifies who is filing the petition.
  3. In Section 1, provide details about the property involved, including its location and legal description. Ensure accuracy as this information is crucial for your case.
  4. List all parties entitled to notice in Section 2. Include their names and addresses to ensure proper notification.
  5. Complete Section 3 with relevant dates and details regarding the court's judgment and property sale. This establishes the context for your petition.
  6. In Section 6, indicate the amount of excess proceeds deposited with the Clerk and relevant dates. This quantifies your claim.
  7. Finally, sign and print your name at the bottom of the form, ensuring all required fields are completed before submission.

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When a petition is filed, the plaintiff and the defendant are given the opportunity to settle the case privately or to use an alternative dispute resolution (ADR) process rather than go to trial. The court may also provide a summary judgment. If the case goes to trial, the judge will ultimately issue a verdict.
A motion or petition is a request for the court to make a decision. A hearing or trial is the time when the court (a judge, general magistrate, or a hearing officer) makes the decision on a partys motion or petition. Generally, motions are decided at a hearing and petitions are decided at a trial.