Title 27, Title 27

Before making such order, the court or judge must require an undertaking on behalf of the defendant, by at least two sureties, residents and freeholders or householders in the state, to the effect that in case the plaintiff recover judgment in the action, the defendant will, on d…

The defendant or a person who has acquired a lien upon or interest in the defendant's property after it was attached may, at any time before the actual application of the attached property or the proceeds of the property to the payment of a judgment recovered in the action, apply…

An application specified in 27-18-725 may be founded only upon: (1) the papers upon which the writ was granted, in which case it must be made to the court or judge, with or without notice as the court or judge considers proper; or (2) proof by affidavits on the part of the defend…

Whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of such order must be filed in the office of the county clerk in which the notice of the attachment has been filed and be indexed in like manner.

If a writ of attachment has been levied on real property, as provided in part 4, and no proceedings have been taken in the action in which the attachment was issued for a period of 5 years, the clerk of court shall, upon application of the defendant or the record owner of such re…

If any of the property attached be perishable, the sheriff must sell the same in the manner in which such property is sold on execution.

Whenever property has been taken by an officer under a writ of attachment and it is made to appear satisfactorily to the court or a judge thereof that the interest of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be s…

Application for the order must be upon notice to the adverse party or the party's attorney that the court or judge, considering the nature and condition of the property, may direct. If it appears to the court or judge that the delay necessary to give notice would cause a material…

(1) When the property taken under 27-18-413 is sold under process, the officer levying the writ must apply the proceeds of the sale as follows: (a) to the repayment of the sum paid to the secured party, with interest from the date of such payment; and (b) the balance, if any, in …

(1) On the trial of any cause brought under the provisions of 27-18-203, judgment may be rendered on any such debt not due upon satisfactory proof to the court of the facts alleged in the affidavit for attachment, as provided in that section. Any such judgment shall be with a reb…

If the defendant recovers judgment against the plaintiff, any undertaking received in the action, all of the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff's hands must be delivered to the defendant or the defendant's …

If judgment is recovered by the plaintiff, the sheriff shall satisfy the judgment out of the property attached by the sheriff that has not been delivered to the defendant or claimant, as provided in this part, or subjected to execution on another judgment recovered prior to the i…

Whenever the judgment has been paid, the sheriff, upon reasonable demand, shall deliver to the defendant the attached property remaining in the sheriff's possession and any proceeds of property attached that are not applied on the judgment.

If, after selling all property attached by the sheriff remaining in the sheriff's possession and applying the proceeds, together with the proceeds of any debt or credit collected by the sheriff, deducting the sheriff's fee, to the payment of the judgment, any balance must remain …

If the execution is returned unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to 27-18-301 or 27-18-722 or the plaintiff may proceed, as in other cases, upon the return of an execution.