The plaintiff in a civil action, at or after its commencement, may have an attachment against the property of the defendant, in the cases and upon the grounds stated in this section, as a security for the satisfaction of such judgment as may be recovered: (1) (A) In an action for the recovery of money, […]
(a) (1) Whenever, in a civil action, the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment. This writ shall […]
(a) In actions for torts committed in this state or to recover statutory penalties, a writ of attachment may be issued against the property of a defendant who is a nonresident of the state in the same manner as in actions ex contractu. (b) Before the clerk shall issue a writ of attachment in the […]
(a) In an action brought by a creditor against his or her debtor, the plaintiff may, before his or her claim is due, have an attachment against the property of the debtor, where: (1) The debtor has sold, conveyed, or otherwise disposed of his or her property or suffered or permitted it to be sold, […]
Attachments may be sued out, and the actions in which the attachments are obtained may be prosecuted, in any county in which property may be attached or where a garnishee, who is indebted or has property belonging to the defendant, is served with process.
(a) (1) An order of attachment shall be made by the clerk of the court in which the action is brought in any case mentioned in § 16-110-101(1), where there is filed in his or her office an affidavit of the plaintiff or of someone in his or her behalf, showing: (A) The nature of […]
(a) The order of attachment shall not be issued by the clerk until there has been executed in his or her office, by one (1) or more sufficient sureties of the plaintiff, a bond to the effect that the plaintiff shall pay to the defendant all damages which he or she may sustain by reason […]
The orders and processes in provisional remedies issued from the circuit court may be directed to, or served by, the county sheriff or any other officer mentioned in § 16-58-107 [superseded] and shall be valid for all purposes as if the orders and processes had been served by the county sheriff.
Where there are several orders of attachment against the same defendant, they shall be executed in the order in which they were received by the county sheriff or other officer.
(a) Orders of attachment may be issued to the county sheriffs or other officers of other counties, and several of them may, at the option of the plaintiff, be issued at the same time or in succession. (b) Only those attachments which have been executed in whole or in part shall be taxed in the […]
(a) The order of attachment shall be executed by the county sheriff or other officer without delay, in the following manner: (1) Upon real property by leaving a copy of the order with the occupant thereof or, if there is no occupant, in a conspicuous place thereon; (2) Upon personal property, capable of manual delivery, […]
(a) Where the property to be attached is a fund in court, the execution of the order of attachment shall be made by leaving with the clerk of the court a copy thereof, with a notice specifying the fund. (b) Where several orders of attachment are executed upon the fund on the same day, they […]
The county sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person, take possession of the property until there has been executed a bond to the other person, by one (1) or more sufficient sureties of the plaintiff, to the effect that […]
(a) When any county sheriff shall levy a writ of attachment upon property claimed by a person not a party to the writ, the person may make oath to the property. The property shall then be delivered to the claimant upon him or her, or his of her attorney, giving bond in favor of the […]
(a) An order of attachment binds the defendant’s property in the county, which might be seized under an execution against him or her, from the time of the delivery of the order to the county sheriff or other officer. (b) The lien to the plaintiff is completed upon any property or demand of the defendant […]
If, after an order of attachment has been placed in the hands of the county sheriff or other officer, any property of the defendant is removed from the county, the county sheriff may pursue and attach the property in another county, within twenty-four (24) hours after removal.
(a) The county sheriff may deliver any attached property to the person in whose possession it was found upon the execution, in the presence of the county sheriff, of a bond to the plaintiff, by the person, with one (1) or more sufficient sureties to the effect that the obligors are bound, in double the […]
(a) On reasonable notice to the plaintiff, the defendant may, at any time before the term next after the levy of the attachment, move the judge of the court in vacation to discharge the attachment, on the grounds of its having been issued contrary to the provisions of §§ 16-110-101, 16-110-102, 16-110-105 — 16-110-113, 16-110-115 […]
(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. […]
(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 […]
