§ 18-3-72. Execution and Levy on Judgment
After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same manner as executions issuing at common law; and the proceedings in all respects shall be the same, except that when the judgment only binds the property levied […]
§ 18-3-73. Application of Proceeds of Sale
All money raised by the sale of defendant’s property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first levied shall be first satisfied to the entire exclusion of […]
§ 18-3-74. When Lien Arises; Priorities
The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. […]
§ 18-3-75. Entry on Attachment Docket; Effect of Failure to Make Such Entry
As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate, no attachment levied upon real estate shall be a lien on the same from the levy thereof unless said attachment is entered upon the attachment docket of the county […]
§ 18-3-14. Service of Writ of Attachment on Defendant; Notification of Defendant of Issuance of Attachment
The defendant shall be given notice of the attachment issued against his property by any one or more of the following methods: The plaintiff, at the time the attachment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the writ of attachment on the defendant; and service thereafter […]
§ 18-3-54. Liability of Claimant and Surety on Bond for Hire or Use of Property Where Plaintiff’s Debt Unsatisfied
In cases where the claimant shall deliver the property and upon selling the same a sufficient amount shall not be raised to pay the debt and costs of the plaintiff, the plaintiff may institute an action against the claimant and his securities upon his bond and recover the full value of the hire or use […]
§ 18-3-15. Right of Defendant to Postseizure Hearing
When a writ of attachment is issued against the property of the defendant, the defendant may at any time traverse the plaintiff’s affidavit upon which the attachment was obtained, stating that the affidavit is untrue or legally insufficient. Upon filing of the traverse, the court shall issue a show cause order to the plaintiff requiring […]
§ 18-3-55. Interposition of Claim Before or After Judgment
In cases of attachment, the claim may be interposed either before or after judgment. History. Orig. Code 1863, § 3240; Code 1868, § 3251; Code 1873, § 3327; Code 1882, § 3327; Civil Code 1895, § 4574; Civil Code 1910, § 5120; Code 1933, § 8-806.
§ 18-3-16. Issuance and Levy of Attachment on Sunday
Attachments may issue and be levied on Sunday when the plaintiff, his agent, or his attorney at law shall state, in his sworn application for a writ of attachment, that he has reason to believe the debt will not be satisfied unless process of attachment shall issue on Sunday and shall also comply with the […]
§ 18-3-70. Property Bound by Judgment in Attachment
When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judgment rendered against him in such case shall bind all his property and shall have the same force and effect […]