Section 21-17A-11 – Seizure of property.
21-17A-11. Seizure of property. At the time of service of a writ of attachment, the sheriff or constable shall seize, in his county, so much of the property of the defendant as will satisfy the demand of the plaintiff with costs and expenses. Source: SL 1983, ch 168, §11.
Section 21-17A-12 – Real property attached by filing.
21-17A-12. Real property attached by filing. To attach real estate, the sheriff or constable shall file, in the office of the register of deeds, a copy of the writ with his certificate that by virtue of the original writ he has attached all the interest of the named defendant in such real estate, describing the […]
Section 21-17A-13 – Property subject to attachment–Personal property.
21-17A-13. Property subject to attachment–Personal property. All the property of the defendant, not exempt from execution, may be attached. Personal property shall be attached as upon an execution and the provisions respecting the levy of an execution thereon are applicable to an attachment. Source: SL 1983, ch 168, §13.
Section 21-17A-14 – Indemnification–Officer requiring.
21-17A-14. Indemnification–Officer requiring. If there is reasonable doubt as to the ownership of property or as to its liability to be attached, the sheriff or constable may require sufficient security from the plaintiff to indemnify him for attaching such property. Source: SL 1983, ch 168, §14.
Section 21-17A-1 – Attachment by creditor.
21-17A-1. Attachment by creditor. A creditor may attach the property of his debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter. Source: SL 1983, ch 168, §1.
Section 21-17A-2 – Issuance and direction of writ–Contents.
21-17A-2. Issuance and direction of writ–Contents. A writ of attachment shall be issued on the request of a plaintiff any time after a summons and a complaint is filed but before final judgment. It shall be directed to the sheriff or constable of a county in which property of the defendant is supposed to be, […]
Section 21-17A-3 – Affidavit required for execution in debt action–Contents.
21-17A-3. Affidavit required for execution in debt action–Contents. Before a writ of attachment for a debt may be executed, the plaintiff or someone on his behalf shall make and attach thereto an affidavit, stating that the defendant is indebted to the plaintiff in a sum exceeding fifty dollars, specifying the amount above all setoffs, and […]
Section 21-17A-4 – Affidavit required for execution in tort action–Contents.
21-17A-4. Affidavit required for execution in tort action–Contents. Before a writ of attachment may be executed in a tort action, the plaintiff or someone on his behalf shall make and attach thereto an affidavit, stating that a cause of action in tort exists in favor of the plaintiff and against the defendant, that the damages […]
Section 21-17A-5 – Action and writ on demand not due–Grounds–Affidavit–Bond–Damages and costs for defendant.
21-17A-5. Action and writ on demand not due–Grounds–Affidavit–Bond–Damages and costs for defendant. An action may be maintained and a writ of attachment issued on a demand not yet due in any case mentioned in §21-17A-3 or 21-17A-4, except the cases mentioned in subdivision 21-17A-3(5), (6), or (7) and the same proceedings in the action shall […]
Section 21-17A-6 – Amendment of affidavit.
21-17A-6. Amendment of affidavit. The affidavit required by §§21-17A-3 to 21-17A-5, inclusive, may be amended any time before the trial by the substitution of a new affidavit containing allegations of facts existing at the time of making the former affidavit. Source: SL 1983, ch 168, §6.