Title 16, Practice, Procedure, And Courts

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 th…

(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 …

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the circuit court may be directed to, or served by, the county sheriff or any other officer mentioned in § 16-58-107 [superseded] and shall be valid for all purposes as if the orders and processes had been served by the…

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 b…

(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 persona…

(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…

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 suretie…

(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 t…

(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…

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 a…

(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 §§ 16-110-1…

(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…

(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 inf…

(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 natur…

(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 disch…

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…

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…

(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…

(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 act…

(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 plaintif…

(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…

(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, t…

(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) …

(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.…

(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…

(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, …

(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 r…

(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 reco…

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.

The provisions of §§ 16-110-101, 16-110-102, 16-110-105 — 16-110-113, 16-110-115 — 16-110-117, 16-110-119, 16-110-121, 16-110-122, 16-110-126, 16-110-127, 16-110-129, 16-110-131 — 16-110-136, and 16-110-139 not inconsistent with this subchapter may be applied, so far as shall be …

In an action to enforce a mortgage of, or lien upon, personal property; for the recovery, partition, or sale of the property; or by a plaintiff having a future estate or interest therein, for the security of his or her rights, where it satisfactorily appears by the complaint, ver…

In an action by a vendor of property fraudulently purchased to vacate the contract and have a restoration of the property or compensation therefor, where the complaint shows the fraudulent purchase of property and the amount of the plaintiff's claim, and is verified by his or her…

The attachments in the cases mentioned in §§ 16-110-202 and 16-110-203 may be granted by the court in which the action is brought, by the judge or clerk thereof, or by any judge of the circuit court upon such terms and conditions as to security on the part of the plaintiff for th…

(a) In every case the plaintiff shall be required to give security for the damage to the defendant in an adequate sum to be specified in the order granting the attachment. (b) When it may be proper, the court, or judge or clerk thereof, may direct that the defendant or person in …

(a) The order of attachment shall describe the specific property against which it is issued and shall have endorsed upon it the direction of the court, or judge or clerk thereof, as to the disposition to be made of the attached property. (b) It shall be directed, executed, and re…

The county sheriff shall make such disposition of the attached property as may be directed by the court, or judge or clerk thereof. When there is no direction upon the subject, he or she shall safely keep the property subject to the order of the court.

The court may, in any of the cases mentioned in § 16-110-202 or § 16-110-203, direct the terms and conditions of the bond to be executed by the defendant, with security, in order to obtain a discharge of the attachment.

Where, after an order of attachment against specific property has been placed in the hands of the county sheriff, the property is removed from the county, the county sheriff may pursue and attach it in another county within twenty-four (24) hours after the removal.

Where it appears, by return of the county sheriff or by the affidavit of the plaintiff, that any specific property against which an order of attachment is issued has been concealed or removed by the defendant, the court may require him or her to attend and be examined on oath res…

Performance of bonds to obtain discharge of specific attachments or for the forthcoming of property specifically attached may, in all cases, be summarily enforced by rules and proceedings as in cases of contempt.

(a) Boats and vessels of all descriptions built, repaired, or equipped in this state, or running upon any of the navigable waters of this state, shall be liable for all debts contracted by the owners, masters, or supercargoes, or assignees thereof, on account of all work done, or…