Rule 3119.Release of property from levy.
Adopted March 30, 1960 · Last amended March 30, 1960 · Last verified June 30, 2026
Full Text of Rule 3119
Plain-English Summary
A levy can tie up more property than the judgment needs. This rule gives the owner, the debtor, or another interested person two ways to free property from the levy, each on petition to the court and a showing of cause.
The first is a bond. The court may release specific property once the petitioner files security it approves, set at the value of the property or at the judgment plus interest and probable costs, whichever is lower. The bond stands in for the property so the creditor is not left worse off.
The second is a partial release. When the value of everything levied on is out of proportion to the judgment, interest, and probable costs, the court may release the excess and leave enough under levy to cover the debt.
Frequently Asked Questions
How do you get property released from a sheriff’s levy?
File a petition with the court showing cause. The court may release specific property if you post security it approves, or release part of the property if the levy is excessive compared with the judgment, interest, and probable costs.
How much is the bond to release the property?
The court sets it at either the value of the property or the amount of the judgment plus interest and probable costs — whichever is less.
Official Note
Official Note: Adopted March 30, 1960, effective November 1, 1960.