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

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 ]

If judgment is rendered for the plaintiff in any case in which an attachment has been issued, the court shall apply, in satisfaction thereof, any money seized by or paid to the sheriff under such attachment and by the sheriff delivered to the clerk, and any money arising from the…

The court may from time to time make and enforce proper orders respecting the property, sales, and application of the money collected. [R60, §3233; C73, §3012; C97, §3925; C24, 27, 31, 35, 39, § 12133; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.57 ]

The sheriff shall be allowed by the court the necessary expenses of keeping the attached property, to be paid by the plaintiff and taxed in the costs. [R60, §3234; C73, §3013; C97, §3926; C24, 27, 31, 35, 39, § 12134; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.58 ]

Any surplus of the attached property and its proceeds shall be returned to the defendant. [R60, §3235; C73, §3014; C97, §3927; C24, 27, 31, 35, 39, § 12135; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.59 ]

If the plaintiff’s demand is founded on contract, the petition must state that something is due, and, as nearly as practicable, the amount, which must be more than five dollars in order to authorize an attachment. [C51, §1849; R60, §3175; C73, §2953; C97, §3880; C24, 27, 31, 35, …

Any person other than the defendant may, before the sale of any attached property, or before the payment to the plaintiff of the proceeds thereof, or any attached debt, present a petition verified by oath to the court, disputing the validity of the attachment, or stating a claim …

The petitioner’s claim shall be in a summary manner investigated. The court may hear the proof or order a reference, or may impanel a jury to inquire into the facts. If it is found that the petitioner has a title to, a lien on, or any interest in such property, the court shall ma…

The costs of such proceedings shall be paid by either party at the discretion of the court. [R60, §3237; C73, §3016; C97, §3928; C24, 27, 31, 35, 39, § 12138; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.62 ]

A motion may be made to discharge the attachment or any part thereof, at any time before trial, for insufficiency of statement of cause thereof, or for other cause making it apparent of record that the attachment should not have issued, or should not have been levied on all or on…

If the judgment is rendered in the action for the defendant, or, if the action is dismissed by the court, by the plaintiff, or, by agreement of the parties, or, if judgment has been entered for the plaintiff and has been satisfied of record, the attachment shall, subject to the r…

When an attachment has been discharged, if the plaintiff then announces the plaintiff’s purpose to appeal from such order of discharge, the plaintiff shall have two days in which to perfect an appeal, and during that time such discharge shall not operate to divest any lien or cla…

If a judgment in the action be also given against the plaintiff, the plaintiff must, within the same time, take an appeal thereon, or such discharge shall be final. [R60, §3241; C73, §3020; C97, §3932; C24, 27, 31, 35, 39, § 12142; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,…

This chapter shall be liberally construed, and the plaintiff, at any time when objection is made thereto, shall be permitted to amend any defect in the petition, affidavit, bond, writ, or other proceeding; and no attachment shall be quashed or dismissed, or the property attached …

The word “sheriff” , or “officer” , as used in this chapter is meant to apply to the like officer of any other court. [C51, §1883; R60, §3244; C73, §3023; C97, §3934; C24, 27, 31, 35, 39, § 12144; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.68 ]

When real estate or an equitable interest therein is attached in any county other than that in which the action is commenced, or is pending, and the action is dismissed, or the attachment is dissolved and discharged or satisfied, the clerk of the court of the county wherein such …