12-1521. Attachment of property of defendant A plaintiff, after complying with the provisions of chapter 14 of this title, may in the following cases have the property of the defendant attached as security for satisfaction of any judgment which may be recovered, unless the defendant gives security to pay such judgment: 1. In an action […]
12-1522. Affidavit for issuance of writ of attachment The clerk or justice of the peace, after complying with the provisions of chapter 14 of this title, shall issue the writ of attachment upon receiving an affidavit by or on behalf of plaintiff, showing any one or more of the requirements for a writ of attachment […]
12-1523. Issuance of writ for debt or demand not due; affidavit; trial; judgment A. After entry of an order pursuant to the requirements of chapter 14 of this title, a writ of attachment may issue although the plaintiff’s debt or demand is not due, but final judgment shall not be rendered against the defendant until […]
12-1524. Attachment bond of plaintiff Before issuance of a writ of attachment, plaintiff shall execute and file a bond payable to defendant in an amount not less than the amount for which action is brought, to be approved by the officer issuing the writ, conditioned that plaintiff will prosecute his action to effect and will […]
12-1525. Quashing of writ; criteria of validity of affidavit and bond A. Every attachment issued without the affidavit and bond shall be quashed on motion of defendant. B. The affidavit and bond shall not be void for want of form if they contain all essential matters.
12-1526. Issuance of writ; contents After compliance with the provisions of chapter 14 of this title and upon the execution and filing of the affidavit and bond, the superior court judge or justice of the peace shall immediately issue a writ of attachment directed to the sheriff or any constable of any county where property […]
12-1528. Issuance of writ to several counties; form of writ; delivery for service A. Several writs of attachment may, at the option of plaintiff, be issued at the same time or in succession and sent to different counties until sufficient property is attached to satisfy the writ. B. The writ may be in the following […]
12-1529. Execution of writ; indemnity bond for attaching officer A. The officer receiving the writ shall immediately execute it by levying upon so much property of defendant subject to levy under the writ and found within his county as is sufficient to satisfy the writ. B. The officer shall levy the writ at his own […]
12-1530. Levy of writ; attachment of real or personal property A. The writ of attachment shall be levied in the same manner as a writ of execution. B. When real property is attached the officer shall also serve a copy of the writ upon the defendant whose property is attached as a summons is served […]
12-1531. Return of writ; duties of officer; further return A. An officer executing a writ of attachment shall return the writ with his action endorsed thereon or attached thereto and signed by him, to the court from which it issued within thirty days after date of the levy. B. The return shall describe the property […]
12-1532. Levy of attachment as lien on property; satisfaction of lien A. The levy of the writ of attachment upon any property of defendant subject thereto is a lien from the date of the levy on the real property and on such personal property as remains in the custody of the attaching officer and on […]
12-1533. Attachment of perishable property; sale; procedure A. When personal property which has been attached is not claimed or replevied, the court or justice of the peace out of whose court the writ was issued may order it to be sold, when it appears that the property is in danger of serious and immediate waste […]
12-1534. Disposition of proceeds of sale of perishable property; report of sale The proceeds of the sale as provided in section 12-1533 shall, within five days after the sale, be paid by the officer making the sale to the clerk of the court or justice of the peace, accompanied by a statement in writing and […]
12-1535. Preservation of personal property under attachment If personal property in custody of an officer under a writ of attachment is not replevied, claimed or sold, the court or justice of the peace may make such order for its preservation or use as appears to be to the interest of the parties.
12-1536. Replevin of attached property by defendant; bond At any time before judgment, if the property is not previously claimed or sold, defendant may replevy the property or any part thereof by giving bond to be approved by the officer who levied the writ, payable to plaintiff in double the amount of plaintiff’s debt, or, […]
12-1537. Restoration of property or exoneration of bond; levy on exempt property A. If the attachment is vacated or if the judgment is for defendant, the court shall order the property restored to defendant or exonerate the claim or replevin bond. B. When any property claimed to be exempt is levied upon, defendant may, any […]
12-1538. Judgment where personal property replevied When personal property under attachment has been replevied, the judgment shall also be against defendant and the sureties on his replevin bond for the amount of the judgment, interest and costs, or for the value of the property replevied and interest according to the terms of the bond.
12-1539. Veterans disability benefits; exemption from seizure A. Notwithstanding section 12-1521, federal disability benefits awarded to veterans for service-connected disabilities pursuant to 38 United States Code chapter 11: 1. Are exempt from the claim of creditors. 2. Are not subject to attachment, levy or seizure under any legal or equitable process, as provided by federal […]
