Title 27, Title 27

A writ to attach the property of the defendant may be issued by the justice at the time of or after issuing summons and before answer, on receiving an affidavit by or on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit specified in 27-1…

Before issuing the writ, the justice shall require a written undertaking in due form on the part of the plaintiff, except a local government, with two or more sureties, in a sum of not less than $50 or more than $300, to the effect that if the defendant recovers judgment, the pla…

Within 2 days after or at any time before the service of the writ of attachment upon the defendant, the defendant may take exception to the sufficiency of the sureties, and if the defendant fails to do so, the defendant is considered to have waived all objections to the sureties.…

(1) The writ may be directed to the sheriff or any constable of the county or the sheriff of any other county and must require the sheriff or constable to: (a) attach and safely keep all the property of the defendant in the county, not exempt from attachment, or as much of the pr…

If the sheriff will incur substantial costs in transporting, keeping, or storing the property seized, the party requesting service of a writ of attachment shall provide a bond or other security to pay for all costs which may be incurred as a result of the service of such writ.

Part 1; 27-18-207, 27-18-303 through 27-18-308; parts 4, 5, and 6; 27-18-711 through 27-18-713, 27-18-721 through 27-18-732; and parts 8 and 9, except 27-18-901, are applicable to attachments issued in justices' courts, the word "constable" being substituted for the word "sheriff…

A plaintiff, at the time of issuing the summons or at any time afterward, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered.

When attachment of a defendant's property is sought, an affidavit must be made by the plaintiff or someone on the plaintiff's behalf stating: (1) facts that show that the defendant is indebted to the plaintiff in the manner specified in 27-18-101(1); (2) that the attachment is no…

Actions may be commenced and writs of attachment issued upon any debt for the payment of money or specific property before the debt has become due or upon a local government debris removal issue when it appears by the affidavit, in addition to what is required in 27-18-202: (1) t…

Before issuing the writ, the court shall require a written undertaking on the part of the plaintiff, except a local government, with two or more sufficient sureties to be approved by the court, in a sum not less than double the amount claimed by the plaintiff if the amount is $1,…

A judge of a court having jurisdiction of the cause may issue a writ of attachment when: (1) the judge has received the affidavit described in 27-18-202; (2) the judge has approved the undertaking required in 27-18-204; and (3) the party seeking attachment has made a prima facie …

Several writs may be issued at the same time to the sheriffs of different counties.

Whenever a writ of attachment has been lost or whenever it appears from the sheriff's return of the writ that no property of the party or parties defendant has been levied upon or that the levy made is insufficient to satisfy the full amount of the plaintiff's demand or if, for a…

(1) The writ must be directed to the sheriff of any county in which property of the defendant may be located and must require the sheriff to: (a) attach and safely keep all the property of the defendant within the sheriff's county, not exempt from attachment, or as much of the pr…

The sheriff shall thereupon file said undertaking with the clerk of the district court out of which said writ of attachment emanates, and such sheriff shall thereupon cease to be liable under said writ, and any and all actions on such undertaking shall be against the obligors nam…

The sheriff shall endorse upon each writ of attachment received by the sheriff the time when the writ was received, specifying the day, hour, and minute. The writ of attachment first placed in the hands of the sheriff must be executed first, and when there are several writs again…

No written specification of property to be levied upon may be required by the sheriff, except as to property referred to in 27-18-403 and 27-18-405(2).

If the sheriff will incur substantial costs in transporting, keeping, or storing the property seized, the party requesting service of a writ of attachment shall provide a bond or other security to pay for all costs which may be incurred as a result of the service of such writ.

The sheriff to whom the writ is directed and delivered shall execute the writ without delay and, if the undertaking mentioned in 27-18-301 is not given, as provided in part 4. The sheriff may levy, from time to time and as often as is necessary, until the amount for which the wri…

All liens by attachment shall accrue at the time the property of the defendant shall be attached by the officer charged with the execution of the writ, in the order in which the writs are levied, and said lien shall not be affected by any subsequent attachment or by any judgment …

The death of the defendant does not release the attached property, and a lien of the attachment may be enforced as in the case of other liens.

The sheriff shall take into custody all books of account, vouchers, and other papers relating to the personal property attached and all evidences of the defendant's title to the real property attached, which the sheriff shall safely keep.

Real property standing upon the records of the county in the name of the defendant must be attached by filing with the county clerk a copy of the writ, together with the description of the property attached and a notice that it is attached.

Real property or an interest in real property belonging to the defendant and held by any other person or standing on the records of the county in the name of any other person must be attached by filing with the county clerk a copy of the writ, together with a description of the p…

Personal property capable of manual delivery must be attached by taking it into custody, except in cases in which personal property capable of manual delivery is in the possession of a third person, and such personal property, so in the possession of a third person, may be attach…

(1) Debts or credits and personal property not capable of manual delivery and personal property in the possession of a third person must be attached by leaving with the person owing the debt or having in the person's possession or under the person's control the credits and person…

Money, credits, or other property belonging to or due and owing to another, in the possession of or under the control of a public officer or board, including all officers or boards of a county, municipal corporation, and school district or state board or state government, may be …

All persons having in their possession or under their control any credits or other personal property belonging to the defendant or owing any debts to the defendant at the time of service upon them of a copy of the writ and notice must be, unless the property is delivered or trans…

Judgments standing in favor of and in the name of the defendant upon the records of the clerk of the district court must be attached by leaving with the said clerk of the district court a copy of the writ and a notice stating that the said judgment is attached in pursuance of suc…

Investment securities, as defined in the Uniform Commercial Code, may be attached or levied upon only by seizure by the officer making the attachment or levy; provided that such a security which has been surrendered to the issuer may be attached or levied upon by leaving with the…

In addition to the method prescribed in 27-18-409 for attaching stock or shares or interest in the stock of any corporation or company, if the president or other head of the corporation or company or the secretary, cashier, or other managing agent of the corporation or company do…

(1) When service of an order of a writ of execution is made through the secretary of state or the secretary of state's deputy, the secretary of state or the deputy shall promptly mail the copy of the writ, notice, and copy of the order by certified mail to the address of the corp…

The interest of a defendant in personal property belonging to the estate of a decedent, whether as heir, legatee, or devisee, may be attached by serving the personal representative of the decedent with a copy of the writ and a notice that the interest is attached. The attachment …

Personal property subject to a security interest may be taken on attachment issued at the suit of a creditor (other than the secured party) of the debtor under the security agreement; but before the property is taken, the officer levying the writ must pay or tender to the secured…

(1) The secured party under any security agreement of record, upon 15 days' notice in writing served upon the party in person by any creditor of the debtor seeking to satisfy a demand of the creditor against the debtor, must be required to make and file in the office of the count…

Any person owing debts to the defendant or having in the person's possession or under the person's control any credits or other personal property belonging to the defendant may be required to attend before the court or judge or referee appointed by the court or judge and be exami…

Upon the application of a sheriff holding a writ of attachment, the president or other head of an association or corporation or the secretary, cashier, or managing agent of the association or corporation or a debtor of the defendant or a person holding property, including a bond,…

If a person to whom application is made, as prescribed in 27-18-502, refuses to give a certificate or if it is made to appear, by affidavit, to the satisfaction of the court or a judge, that there is reason to suspect that a certificate given by the person is untrue or that it fa…

The proceeds and other property attached by the sheriff must be retained by the sheriff to answer any judgment that may be recovered in the action unless sooner subjected to execution upon another judgment recovered previous to the issuing of the attachment.

If personal property attached is claimed by a third person, the person shall give notice to the sheriff and deliver to the sheriff an affidavit, stating the person's claim, ownership, and a description of the property. Unless the plaintiff, within 10 days after receiving notice, …

(1) The sheriff shall make a full inventory of the property attached and return the inventory with the writ. When the sheriff has levied several writs of attachment on the same property, only one inventory must be made. (2) To enable the sheriff to make the return as to debts and…

The sheriff shall return the writ of attachment with the summons if issued at the same time, otherwise, within 20 days after the writ's receipt, with a certificate of the sheriff's proceedings endorsed on or attached to the writ.

When a writ has been issued upon real property or upon the showing specified in 27-18-205(3)(b)(ii), the defendant may challenge the seizure of the property at a hearing before the court to be held within 3 days after the seizure. Notice of the right to a postseizure hearing shal…

At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that: (1) the plaintiff cannot establish the prima facie validity of the pla…

The defendant may also, at any time either before or after the release of the attached property or before any attachment shall have been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to a judge thereof th…

If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to those on which the attachment was made.