The writ may be substantially in the following form: State of Tennessee, County. To the sheriff of County, greeting: Whereas, A B (or C D, as the agent or attorney of A B) hath complained on oath to me, E F, judge (chancellor or clerk), that G H is justly indebted (or liable) to A […]
The affidavit and bond shall be returned by the officer granting the attachment to the tribunal to which the attachment is made returnable. Code 1858, § 3516 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5276; Code 1932, § 9467; T.C.A. (orig. ed.), § 23-622. Collateral References. Attachment 207-209.
Attachments issued without affidavit and bond, as herein prescribed, may be abated by plea of the defendant. Code 1858, § 3476 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5236; Code 1932, § 9426; T.C.A. (orig. ed.), § 23-623.
The attachment law shall be liberally construed, and the plaintiff, before or during trial, shall be permitted to amend any defect of form in the affidavit, bond, attachment, or other proceedings; and no attachment shall be dismissed for any defect in, or want of, bond, if the plaintiff, plaintiff’s agent, or attorney will substitute a […]
Alias writs of attachment or new writs of garnishment may issue without new bond or affidavit, when no property has been found, or not sufficient to satisfy the debt, or when, pending the suit, the plaintiff wishes to garnishee other persons. Code 1858, § 3517; Shan., § 5277; Code 1932, § 9468; T.C.A. (orig. ed.), […]
In all suits commenced by original attachment in any court of record, or before a general sessions judge, it shall be the duty of the clerk issuing the attachment, upon application of the plaintiff, to issue a summons also against the defendant for the same cause of action, and if the summons is executed on […]
Attachments sued out in aid of a suit already brought shall be made returnable to the court before whom the suit is pending. Code 1858, § 3462; Shan., § 5220; Code 1932, § 9407; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-627.
The writ of attachment should direct so much of the property of the defendant to be attached as will be sufficient to satisfy the plaintiff’s debt or demand, and all costs. Code 1858, § 3497; Shan., § 5257; Code 1932, § 9448; T.C.A. (orig. ed.), § 23-628.
The process of attachment issues against the property of the defendant wherever the same may be found. Code 1858, § 3464 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5224; Code 1932, § 9411; T.C.A. (orig. ed.), § 23-629.
The officer granting the attachment may direct, upon proper application, that counterpart writs of attachment issue to any county in which property of the defendant may be found, or such counterparts may be subsequently applied for and obtained upon good cause shown. Code 1858, § 3465; Shan., § 5225; Code 1932, § 9412; T.C.A. (orig. […]
Constables may execute attachments returnable before general sessions judges, and in cases where the defendant is about to abscond or remove. This chapter and chapter 7 of this title in relation to the duties of attaching officers embrace constables whenever they are authorized to serve attachments. Code 1858, § 3496 (deriv. Acts 1799, ch. 25, […]
Attachments may be levied upon any real or personal property of either a legal or equitable nature, debts or choses in action, whether due or not due, in which the defendant has an interest. Code 1858, § 3500; Shan., § 5260; Code 1932, § 9451; T.C.A. (orig. ed.), § 23-632.
The officer to whom the writ is delivered shall attach and take into the officer’s possession, in the first instance, so much of the personal property of the defendant as may be necessary to meet the exigency of the writ, and shall levy the attachment, when necessary, upon the defendant’s real estate. Code 1858, § […]
If the officer make an excessive levy, the officer shall be liable as in case of excessive levy by execution. Code 1858, § 3499; Shan., § 5259; Code 1932, § 9450; T.C.A. (orig. ed.), § 23-634.
Any transfer, sale, or assignment, made after the filing of an attachment bill in chancery, or after the suing out of an attachment at law, of property mentioned in the bill or attachment, as against the plaintiff, shall be inoperative and voidable, as elsewhere provided. Code 1858, § 3507 (deriv. Acts 1835-1836, ch. 43, § […]
If, after the service upon any person of a copy of the bill, or levy of the attachment at law upon debts or effects in such person’s hands, any person should pay the debt, or secrete the effects, or purchase in any other claim against the defendant, that person shall be liable to the same […]
If debts or choses in action not due are levied upon, no final judgment or decree shall be rendered until they become payable. Code 1858, § 3501; Shan., § 5261; Code 1932, § 9452; T.C.A. (orig. ed.), § 23-637.
In all cases where choses in action are attached, the officer levying the attachment may collect the same until the writ is returned, unless otherwise ordered. Code 1858, § 3502; Shan., § 5262; Code 1932, § 9453; T.C.A. (orig. ed.), § 23-638.
Money attached by the officer, or coming to the officer’s hands by virtue of the attachment, shall forthwith be paid over to the clerk of the court in which the suit is pending, to be by the clerk retained until the further action of the court. Code 1858, § 3506; Shan., § 5266; Code 1932, […]
The court before whom the suit is pending, may, at any time, appoint a receiver to take possession of property attached under this chapter or chapter 7 of this title, and to collect, manage, and control the same, and pay over the proceeds according to the nature of the property and exigency of the case. […]
