§ 16-110-129. Discharge of garnishee
(a) The garnishee may pay the money owing to the defendant by him or her to the county sheriff having in his or her hands the order of attachment or into the court. (b) He or she shall be discharged from liability to the defendant for any money so paid, not exceeding the plaintiff’s claim. […]
§ 16-110-130. Motion to discharge
(a) At any time before the attachment is sustained, the defendant, upon reasonable notice to the plaintiff or the plaintiff’s attorney, may move the court to discharge the attachment, the hearing of which may be postponed by the court, upon sufficient cause, from time to time. (b) Upon the hearing, if the court is of […]
§ 16-110-131. Judgment for defendant
(a) If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached or its proceeds shall be returned to him or her. (b) In all actions of attachment in which the defendant shall recover for the discharge of the attachment, the court or jury trying the attachment […]
§ 16-110-132. Judgment in favor of plaintiff
(a) If judgment is rendered in favor of the plaintiff and no affidavit or answer verified by oath by the defendant is filed denying the statements of the affidavit upon which the attachment was issued or motion is made to discharge it, the court shall sustain the attachment. (b) Upon an attachment being sustained, the […]
§ 16-110-133. Judgment against garnishee
(a) Upon the service of a summons upon any garnishee or after his or her failure to make a disclosure satisfactory to the plaintiff, the latter may proceed in an action against him or her by filing a complaint verified as in other cases and causing a summons to be issued upon it. (b) Thereupon, […]
§ 16-110-134. Intervention before sale
(a) Before the sale of any attached property, or before the payment to the plaintiff of the proceeds thereof or of any attached debt, any person may present his or her complaint verified by oath to the court. This complaint shall dispute the validity of the attachment, or state a claim to the property or […]
§ 16-110-119. Return of writ
(a) The county sheriff shall return, upon every order of attachment, what he or she has done under it. (b) (1) The return must show the property attached, the time it was attached, and the disposition made of it. (2) Where garnishees are summoned, their names and the time each was summoned must be stated. […]
§ 16-110-135. Repossession of property by county sheriff
(a) The court may order the county sheriff to repossess himself or herself, for the purpose of selling it, any of the attached property which may have passed out of his or her hands, without having been sold or converted into money. (b) The county sheriff shall, under the order, have the same power to […]
§ 16-110-120. Removal of pending proceedings
(a) In all actions in which attachments may be pending in the circuit court, held in any county, and in the inferior courts of the county, and which have been levied upon the same property, in whole or in part, it shall be the duty of the judge of the circuit court, or of the […]
§ 16-110-136. Sale of property
(a) The court may compel the delivery to the county sheriff, for sale, of any of the attached property for which a bond may have been given and may proceed summarily on the bond to enforce the delivery of the property, or the payment of such sums as may be due upon the bond, by […]