(a) (1) The court shall make proper orders for the preservation and use of the property during the pending of the action and for paying into court or securing the debts and funds attached. (2) (A) The court may direct a sale of the property where, by reason of its perishable nature or of the […]
(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 […]
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.
(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 […]
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.
(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 […]
(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 […]
(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 […]
(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. […]
(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 […]
(a) If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached or its proceeds shall be returned to him or her. (b) In all actions of attachment in which the defendant shall recover for the discharge of the attachment, the court or jury trying the attachment […]
(a) If judgment is rendered in favor of the plaintiff and no affidavit or answer verified by oath by the defendant is filed denying the statements of the affidavit upon which the attachment was issued or motion is made to discharge it, the court shall sustain the attachment. (b) Upon an attachment being sustained, the […]
(a) Upon the service of a summons upon any garnishee or after his or her failure to make a disclosure satisfactory to the plaintiff, the latter may proceed in an action against him or her by filing a complaint verified as in other cases and causing a summons to be issued upon it. (b) Thereupon, […]
(a) Before the sale of any attached property, or before the payment to the plaintiff of the proceeds thereof or of any attached debt, any person may present his or her complaint verified by oath to the court. This complaint shall dispute the validity of the attachment, or state a claim to the property or […]
(a) The court may order the county sheriff to repossess himself or herself, for the purpose of selling it, any of the attached property which may have passed out of his or her hands, without having been sold or converted into money. (b) The county sheriff shall, under the order, have the same power to […]
(a) The court may compel the delivery to the county sheriff, for sale, of any of the attached property for which a bond may have been given and may proceed summarily on the bond to enforce the delivery of the property, or the payment of such sums as may be due upon the bond, by […]
(a) If the plaintiff shall recover against the defendant, and the attachment shall have been discharged upon the execution of a bond, as provided by § 16-110-122(a), then the court shall render judgment against the defendant and his or her sureties in the bond for the amount recovered and the costs of the suit. (b) […]
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.
