§ 16-110-122. Bond for restitution of property
(a) If the defendant at any time before the judgment causes a bond to be executed to the plaintiff by one (1) or more sufficient sureties, to be approved by the county sheriff, to the effect that the defendant shall perform the judgment of the court, the attachment shall be discharged and restitution made of […]
§ 16-110-139. Powers of court
The court may, from time to time, make and enforce proper orders respecting the property, sales, and the confirmation thereof, and the application and payment of the moneys collected.
§ 16-110-123. Appearance by execution of bond
In an action where an attachment has been granted, the execution by or for the defendant of a bond whereby the attachment is discharged, or the possession of the attached property is obtained or retained by him or her, shall be an appearance of the defendant in the action.
§ 16-110-124. Defendant’s answer by affidavit
(a) The defendant may file his or her affidavit denying all or any of the material statements of the affidavit upon which the attachment is issued. Thereupon, the attachment shall be considered as controverted and the affidavits of the plaintiff and defendant shall be regarded as the pleadings in the attachment and have no other […]
§ 16-110-125. Proof by deposition or testimony
Either party may take proof by deposition, to be read on the trial of the attachment, or, by permission of the court, the witnesses may be orally examined in court.
§ 16-110-126. Testimony required for insufficient property
(a) When it appears by the affidavit of the plaintiff or by the return of an officer to an order of attachment that no property is known to the plaintiff or the officer on which the order of attachment can be executed, or not enough to satisfy the plaintiff’s claim, the defendant may be required […]
§ 16-110-127. Appearance by garnishee
(a) Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the amount owing by him or her to the defendant, whether due or not, and the property of the defendant in the possession or under the control of the garnishee and, in […]
§ 16-110-128. Time for disposition of attachment
(a) An attachment obtained at the commencement of an action shall be sustained or discharged at the time that judgment is rendered in the action unless for sufficient cause the court extends the time of deciding upon it. (b) An attachment obtained after the commencement of an action shall not be sustained until the defendant […]
§ 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 […]