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How to Do an Injunction Against a Property Seizure

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    Preparation

    • 1). Write a brief statement outlining your reasons for believing that the seizure was improper. Use this to guide all of your research and inquiries as well as your actions and statements in court papers and proceedings.

    • 2). Gather documents relative to ownership of the property, underlying agreements, the present court case, and any other relevant facts and papers. Arrange them in chronological order or other logical sequence for quick retrieval of relevant information. Attach tabs to the documents or create a table of contents.

    • 3). Prepare a list of questions that will help you gain knowledge about your legal basis for filing for an injunction and the basic procedures that must be followed in court.

    • 4). Consult with an attorney experienced in handling cases like yours, even if you cannot afford to hire him to prepare your petition and represent you in court. Ask questions from your prepared list and note the answers. Keep copies of any documents you give to your lawyer.

    Self-Representation

    • 1). Write your petition. Explain in succinct, specific language the reasons that the seizure was improper.

    • 2). File the petition with the court. The court clerk will issue a summons. Staple a copy of the petition and its attachments to the summons. Have the petition served by the sheriff or a private process server.

    • 3). Request an emergency hearing with the judge. If the judge gives you an emergency hearing, mail or hand-deliver a notice of it to the other side so they get warning as early as possible. Get proof of delivery if you use a private courier.

    • 4). Argue what's written in your petition when you get your day in court. Support what you tell the judge with your well-organized documentation and research.

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