Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

The defendant may, at any time before judgment, move the court for additional security on the part of the plaintiff, and if, on such motion, the court is satisfied that the surety on the plaintiff’s bond has removed from the state, or is not sufficient, the attachment may be vaca…

In an action on such bond, the plaintiff therein may recover, if the plaintiff shows that the attachment was wrongfully sued out, and that there was no reasonable cause to believe the ground upon which the same was issued to be true, the actual damages sustained, and reasonable a…

The fact stated as a cause of attachment shall not be contested in the action by a mere defense. The defendant’s remedy shall be on the bond, but the defendant may in the defendant’s discretion sue thereon by way of counterclaim, and in such case shall recover damages as in an or…

The clerk shall issue a writ of attachment, directing the sheriff of the county therein named to attach the property of the defendant to the requisite amount therein stated. [C51, §1856; R60, §3185; C73, §2962; C97, §3889; C24, 27, 31, 35, 39, § 12092; C46, 50, 54, 58, 62, 66, 71…

Attachments may be issued from the district court to different counties, and several may, at the option of the plaintiff, be issued at the same time, or in succession and subsequently, until sufficient property has been attached; but only those executed shall be taxed in the cost…

If more property is attached in the aggregate than the plaintiff is entitled to, the surplus must be abandoned, and the plaintiff pay all costs incurred in relation to such surplus. [C51, §1858; R60, §3184; C73, §2963; C97, §3890; C24, 27, 31, 35, 39, § 12094; C46, 50, 54, 58, 62…

The sheriff shall in all cases attach the amount of property directed, if sufficient, not exempt from execution, is found in the sheriff’s county, giving that in which the defendant has a legal and unquestionable title a preference over that in which the defendant’s title is doub…

If it be subsequent to the commencement of the action, a separate petition or an amendment to the petition must be filed, and in all cases the proceedings relative to the attachment are to be deemed independent of the ordinary proceedings and only auxiliary thereto. [C51, §1847; …

Where there are several attachments against the same defendant, they shall be executed in the order in which they were received by the sheriff. [R60, §3187; C73, §2965; C97, §3892; C24, 27, 31, 35, 39, § 12096; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.20 ]

If, after an attachment has been placed in the hands of the sheriff, any property of the defendant is moved from the county, the sheriff may pursue and attach the same in an adjoining county within twenty-four hours after removal. [R60, §3188; C73, §2966; C97, §3893; C24, 27, 31,…

Judgments, money, bank bills, and other things in action may be levied upon by the officer under an attachment in the same manner as levies are made under execution, except that notice of such levy shall be given as in levies by attachment, and after judgment such property shall …

Property of defendant in possession of another, and of which defendant is entitled to the immediate possession, may be seized under attachment by taking possession thereof, in the same manner as though found in the defendant’s possession. [C51, §1859, 1860; R60, §3194; C73, §2967…

Property of the defendant in the possession of another, or debts due the defendant, may be attached by garnishment as hereinafter provided. [C51, §1859, 1860; R60, §3194; C73, §2967; C97, §3897; C24, 27, 31, 35, 39, § 12101; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.2…

Property capable of manual delivery, and attached otherwise than by garnishment, is bound thereby from the time manual custody thereof is taken by the officer under the attachment. [C51, §1859, 1860, 1874; R60, §3194, 3215; C73, §2967, 2969; C97, §3898; C24, 27, 31, 35, 39, § 121…

Real estate or equitable interests therein may be attached. [R60, §3243; C73, §3022; C97, §3899; C24, 27, 31, 35, 39, § 12103; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.27 ]

The levy shall be a lien thereon from the time of an entry made and signed by the officer making the same upon the encumbrance book in the office of the clerk of the county in which the land is situated, showing the levy, the date thereof, name of the county from which the attach…

In case of a levy upon any equitable interest in real estate, such entry shall show, in addition to the foregoing matters, the name of the person holding the legal title, and the owner of the alleged equitable interest, where known. [C97, §3899; C24, 27, 31, 35, 39, § 12105; C46,…

The petition or amendment to petition which asks an attachment, must in all cases be sworn to. It must state one or more of the following grounds: 1. That the defendant is a foreign corporation or acting as such. 2. That the defendant is a nonresident of the state. 3. That the de…

The grantor of real estate conveyed in fraud of creditors shall, as to such creditors, be deemed the equitable owner thereof, and such interest may be attached as above provided, when the petition alleges such fraudulent conveyance and the holder of the legal title is made a part…

When any property is attached, the officer making the levy shall at once give written notice thereof to the defendant, if found within the county in which the levy is made, and the fact of the giving of such notice, or that the defendant is not found within the county, shall be s…

A like notice shall be given to the party in possession of the property attached. [C51, §1860; R60, §3194; C73, §2967; C97, §3900; C24, 27, 31, 35, 39, § 12108; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.32 ]

If the party required to be notified is not found at the party’s usual place of business or residence, such notice may be served upon a member of the party’s family over fourteen years of age at such place. [C97, §3900; C24, 27, 31, 35, 39, § 12109; C46, 50, 54, 58, 62, 66, 71, 7…

Whenever it appears by the affidavit of the plaintiff, or by the return of the attachment, that no property is known to the plaintiff or the officer on which the attachment can be executed, or not enough to satisfy the plaintiff’s claim, and it being shown to the court by affidav…

Money attached by the sheriff, or coming into the sheriff’s hands by virtue of the attachment, shall be paid, less the sheriff’s costs, to the clerk. The clerk shall retain the money until directed otherwise by the court. [C51, §1875, 1882; R60, §3217; C73, §2971; C97, §3902; C24…

The sheriff shall make such disposition of other attached property as may be directed by the court, and, where there is no direction upon the subject, the sheriff shall safely keep the property subject to the order of the court. [R60, §3218; C73, §2972; C97, §3903; C24, 27, 31, 3…

In executing an attachment against a person who owns property jointly or in common with another, the officer may take possession of such property so owned jointly or in common, sufficiently to enable the officer to inventory and appraise the same, and for that purpose shall call …

The plaintiff shall, from the time such property is taken possession of by the officer, have a lien on the interest of the defendant therein, and may, either before or after the plaintiff obtains judgment in the action in which the attachment issued, commence action by equitable …

If deemed necessary or proper, the court may appoint a receiver under the circumstances and conditions provided in chapter 680 . [C73, §2974; C97, §3904; C24, 27, 31, 35, 39, § 12115; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.39 ]

The causes for the attachment shall not be stated in the alternative. [R60, §3242; C73, §3021; C97, §3878; C24, 27, 31, 35, 39, § 12081; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.4 ]

Personal property subject to a security interest may be levied on under attachment in the method provided for levying execution thereon. [C97, §3905; C24, 27, 31, 35, 39, § 12116; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.40 ] Manner of levying, §626.34 et seq.

The provisions as to notice of ownership and indemnifying bond to be given in cases of levies under execution shall in all respects be applicable to levies made under writs of attachment. [C97, §3906; C24, 27, 31, 35, 39, § 12117; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, …

If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff with sufficient sureties, to be approved by the officer having the attachment, or after the return thereof, by the clerk, to the effect that the defendant will perform the judgment of the…

The execution of such bond shall be deemed an appearance of such defendant to the action. [R60, §3192; C73, §2994; C97, §3907; C24, 27, 31, 35, 39, § 12119; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.43 ]

Such bond shall be part of the record. If judgment go against the defendant, the same shall be entered against the defendant and sureties. [R60, §3193; C73, §2995; C97, §3908; C24, 27, 31, 35, 39, § 12120; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.44 ]

The defendant, or any person in whose possession any attached property is found, or any person making affidavit that the person has an interest in it, may, at any time before judgment, discharge the property attached, or any part thereof, by giving bond with security, to be appro…

To determine the value of property in cases where a bond is to be given, unless the parties agree otherwise, the sheriff shall summon two disinterested persons having the qualification of jurors, who, after having been sworn by the sheriff to make the appraisement faithfully and …

In an action brought upon such bond, it shall be a sufficient defense that the property for the delivery of which the bond was given did not, at the time of the levy, belong to the defendant against whom the attachment was issued, or was exempt from seizure under such attachment.…

When the sheriff thinks the property attached is in danger of serious and immediate waste and decay, or when the keeping of the property will necessarily be attended with such expense as greatly to depreciate the amount of proceeds to be realized therefrom, or when the plaintiff …

The sheriff shall give the defendant, if within the county, three days’ notice of such hearing, and the defendant may appear before such jury and have a personal hearing. [C51, §1881; R60, §3222; C73, §2999; C97, §3912; S13, §3912-a; C24, 27, 31, 35, 39, § 12125; C46, 50, 54, 58,…

Where the petition states, in addition to the other facts required, that the plaintiff will lose the plaintiff’s claim unless the attachment issues and is served on Sunday, it may be issued and served on that day. [C73, §2952; C97, §3879; C24, 27, 31, 35, 39, § 12082; C46, 50, 54…

If they are of the opinion that the property requires soon to be disposed of, they shall specify in writing a day beyond which they do not deem it prudent that it should be kept in the hands of the sheriff. If such day occurs before the trial day, the sheriff shall thereupon give…

The sheriff shall return upon every attachment what the sheriff has done under it, which must show the property attached, the time it was attached, and the disposition made of it, by a full and particular inventory; also the appraisement above contemplated when such has been made…

When garnishees are summoned, their names and the time each was summoned must be stated, with a copy of each notice of garnishment served attached as a part of the sheriff’s return. [R60, §3224; C73, §3010; C97, §3923; C24, 27, 31, 35, 39, § 12128; C46, 50, 54, 58, 62, 66, 71, 73…

Where real property is attached, the sheriff shall describe it with certainty to identify it, and, where the sheriff can do so, by a reference to the document reference number where the deed under which the defendant holds is recorded. [R60, §3224; C73, §3010; C97, §3923; C24, 27…

The sheriff shall return with the writ all bonds taken under it, any notice of claim to such property by another than the defendant, any indemnifying bond given by the plaintiff in consequence of such notice, and all money and bank bills levied upon or paid to the sheriff thereun…

Such return must be made immediately after the sheriff has attached sufficient property, or all that the sheriff can find. [R60, §3224; C73, §3010; C97, §3923; C24, 27, 31, 35, 39, § 12131; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.55 ]