US Lawyer Database

§ 259. Perishable property

If any of the property attached is perishable, the marshal shall sell the same in the manner in which property is sold on execution. The proceeds thereof and other property attached shall be retained by him to answer any judgment that may be recovered in the action, unless sooner subjected to execution upon another judgment.

§ 260. Delivery of property to defendant or other claimant; undertaking

The marshal may deliver any of the property attached to the defendant, or to any other person claiming it, upon his giving a written undertaking thereof, executed by two or more sufficient sureties, engaging to redeliver it or pay the value thereof to the marshal, to whom execution upon a judgment obtained by the plaintiff […]

§ 261. Judgment for plaintiff; sale of property; execution

If judgment is recovered by the plaintiff, and it shall appear that the property has been attached in the action and has not been sold as perishable property or discharged from the attachment as provided by law, the court shall order and adjudge the property to be sold to satisfy the plaintiff’s demands, and if […]

§ 262. Judgment for defendant; return of property

If judgment is not recovered by the plaintiff, all the property attached, or the proceeds thereof, or the undertaking thereof, shall be returned to the defendant upon his serving upon the marshal a certified copy of the order discharging the attachment.

§ 263. Discharge of attachment upon undertaking of defendant

(a) Whenever the defendant has appeared in the action he may apply upon notice to the plaintiff to the court in which the action is pending or to the clerk of such court, for an order to discharge the attachment upon the execution of the undertaking mentioned in subsection (b) of this section; and if […]

§ 256. Execution of writ

The marshal to whom the writ is delivered shall execute the same without delay, as follows: (1) Real property shall be attached by leaving with the occupant thereof, or if there be no occupant, in a conspicuous place therein, a copy of the writ certified by the marshal. (2) Personal property capable of manual delivery […]

§ 257. Priority of plaintiff’s rights; liability of third persons

(a) From the date of the attachment until it is discharged or the writ executed, the plaintiff as against third persons shall be deemed a purchaser in good faith and for a valuable consideration of the property, real or personal, attached, subject to the conditions prescribed in section 258 of this title as to real […]

§ 258. Attachment of real property; recording

If real property is attached, the marshal shall make a certificate containing the title of the cause, the names of the parties, a description of such real property, and a statement that the same has been attached at the action of the plaintiff and the date thereof. Within ten days from the date of attachment, […]

§ 254. Form of writ

The writ shall be directed to the marshal and shall require him to attach and safely keep all the property of such defendant not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff’s demand, the amount of which shall be stated in conformity with the complaint, together with costs […]

§ 255. Property subject to attachment; return and inventory

The rights or shares which such defendant may have in the stock of any association or corporation, together with the interest and profits thereon, and all other property of such defendant in the Virgin Islands, not exempt from execution, shall be liable to be attached. The marshal shall note upon the writ the date of […]