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-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-15 – Sale of attached property–Grounds–Proceeds held in lieu of property.
21-17A-15. Sale of attached property–Grounds–Proceeds held in lieu of property. If any property taken on a writ of attachment is likely to depreciate in value before the end of the action or if the keeping thereof could cause much loss or expense, the court or a judge may order it sold in such manner as […]
Section 21-17A-16 – Keeping of property by officer–Collections–Legal proceedings.
21-17A-16. Keeping of property by officer–Collections–Legal proceedings. The sheriff or constable shall keep the property seized by him and the proceeds of such as shall have been sold to answer any judgment which may be recovered in such action; and shall, subject to the direction of the court or judge, collect and receive into his […]
Section 21-17A-17 – Defendant’s bond for release from attachment–Justification of sureties.
21-17A-17. Defendant’s bond for release from attachment–Justification of sureties. The defendant may, at any time before judgment, deliver to the sheriff or constable who attached his property a corporate surety bond or a bond executed by two sureties, to the effect that they shall, on demand, pay to the plaintiff the amount of the judgment, […]
Section 21-17A-18 – Copy of defendant’s bond to plaintiff–Objection to sureties–Responsibility of officer.
21-17A-18. Copy of defendant’s bond to plaintiff–Objection to sureties–Responsibility of officer. The sheriff or constable shall without delay give the plaintiff a copy of the bond received pursuant to §21-17A-17 with notice of the time when the same was delivered to him. The plaintiff shall, within three days thereafter, give notice to the sheriff or […]
Section 21-17A-19 – Modification of writ–Notice of motion–Combining motions.
21-17A-19. Modification of writ–Notice of motion–Combining motions. The court may, at any time before the trial of the action or a release of the property under §21-17A-18, modify the writ of attachment for irregularity or other sufficient cause, on three days’ notice of motion. The motion therefor may be combined with a motion to increase […]
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-20 – Motion to quash writ and release property–Service of notice of motion.
21-17A-20. Motion to quash writ and release property–Service of notice of motion. A defendant whose property has been attached pursuant to a writ issued under this chapter may, on three days’ notice of motion, apply for an order that the writ of attachment be quashed, and any property levied on pursuant to the writ be […]
Section 21-17A-21 – Contents of notice of motion–Affidavit–Grounds.
21-17A-21. Contents of notice of motion–Affidavit–Grounds. The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. It is not grounds to set aside an order that the plaintiff would not […]
Section 21-17A-22 – Hearing on motion–Order of court.
21-17A-22. Hearing on motion–Order of court. At the hearing on the motion, the court shall determine whether the plaintiff is entitled to the writ of attachment. If the court finds that the plaintiff is not entitled to the writ, it shall order the writ quashed, and any property levied on pursuant to the writ released. […]
Section 21-17A-23 – Basis of determination–Additional evidence–Continuance.
21-17A-23. Basis of determination–Additional evidence–Continuance. The court’s determinations shall be made upon the basis of the pleadings and other papers in the record; but upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the […]
Section 21-17A-24 – Priority of hearing on motion to quash.
21-17A-24. Priority of hearing on motion to quash. The hearing provided for in §21-17A-22 shall take precedence over all other civil matters on the calendar except older matters of the same character. Source: SL 1983, ch 168, §24.
Section 21-17A-25 – Findings and order of court on hearing–Costs taxed–Damages assessed at trial.
21-17A-25. Findings and order of court on hearing–Costs taxed–Damages assessed at trial. If the court finds for the defendant on a motion pursuant to §21-17A-20, the judge presiding shall tax the defendant’s costs for the hearing, and an order shall be entered dismissing the writ or that the property attached be delivered to the defendant; […]
Section 21-17A-26 – Judgment for damages to defendant.
21-17A-26. Judgment for damages to defendant. If the defendant prevails in the action or if the action is discontinued, he shall have judgment for the damages sustained by him for any damages to his property by reason of the taking and detention or sale. Source: SL 1983, ch 168, §26.
Section 21-17A-27 – Delivery of property on judgment for defendant–Action on plaintiff’s bond.
21-17A-27. Delivery of property on judgment for defendant–Action on plaintiff’s bond. If the defendant recovers judgment, all the money or property held by any writ of attachment shall be delivered to him, subject to the plaintiff’s rights on appeal, and he may maintain an action on the plaintiff’s bond for the assessed damages sustained by […]
Section 21-17A-28 – Satisfaction of judgment for plaintiff–Delivery of remaining property.
21-17A-28. Satisfaction of judgment for plaintiff–Delivery of remaining property. If a plaintiff recovers judgment in the action, the sheriff or constable shall satisfy the same out of the property attached, if sufficient therefor: (1)By paying all money attached or received on sales of property, or on any debts or credits, or so much thereof as […]