Title 27, Title 27

The sheriff shall, immediately after the deposit, pay the amount into court and take from the clerk receiving the amount two certificates of payment, one of which the sheriff shall deliver or transmit to the plaintiff or the plaintiff's attorney and the other to the defendant. Fo…

If money be deposited, as provided in 27-16-601 and 27-16-602, bail may be given and may justify upon notice at any time before judgment; and on the filing of the undertaking and justification with the clerk, the money deposited shall be refunded by such clerk to the defendant.

If money has been deposited and it remains on deposit at the time of recovery of a judgment in favor of the plaintiff, the clerk shall, under direction of the court, apply the money in satisfaction of the judgment and, after satisfying the judgment, refund the surplus, if any, to…

(1) A public safety officer as defined in 44-4-401(2) who is in possession of an immigration detainer request issued by a federal immigration agency shall arrest a person who is already in custody and the subject of an immigration detainer request; (2) As used in this section, th…

The plaintiff in an action to recover possession of personal property may, at the time of issuing summons or at any time after issuing summons and before answer, claim the delivery of the property, as provided in this chapter.

Parts 2, 3, and 4 of this chapter and Rule 55(b)(2), M.R.Civ.P., are applicable to a claim to recover personal property when made in justices' courts, and the powers given in those statutes and rules and the duties imposed on sheriffs are extended to constables and the word "just…

When a delivery is claimed, an affidavit must be made by the person claiming the property or someone on the person's behalf, stating: (1) facts that establish reasonable belief that the person claiming the property is the owner or is lawfully entitled to possession and that the s…

Where the affidavit describes two or more chattels of the same kind, it must state the number thereof, and where it describes a chattel in bulk, it must state the weight, measurement, or other quantity, as nearly as can be ascertained. Where it describes two or more chattels, it …

The sheriff may not make a seizure unless an order from a judge of the court having jurisdiction of the cause is attached to the affidavit. The judge may sign an order if the judge is satisfied of either of the following: (1) that the party seeking possession of the property has …

The plaintiff or the plaintiff's attorney may, by an endorsement in writing upon the affidavit, require the sheriff of the county where the property claimed may be to take the property from the defendant.

Upon receipt of the affidavit and notice with a written undertaking, executed by two or more sufficient sureties approved by the sheriff or a letter of credit issued by a regulated lender as defined in 31-1-111, in double the value of the property, as stated in the affidavit for …

If the property or any part of the property is concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If the property is not delivered, the sheriff shall cause the building or enclosure to be broken open and take the property into the sheriff's poss…

The sheriff must take a less number or quantity if the whole of the property described in the affidavit cannot be found.

If the sheriff will incur substantial costs in transporting, keeping, or storing the property seized, the party requesting service of an order for claim and delivery shall provide a bond or other security to pay for all costs that may be incurred as a result of the service of suc…

When the sheriff has taken property, as provided in this chapter, the sheriff shall keep the property in a secure place and deliver it to the party entitled to the property upon receiving the sheriff's lawful fees for taking and the necessary expenses for keeping the property.

The sheriff shall file the notice, undertaking, and affidavit, with the sheriff's proceedings thereon, with the clerk of the court in which the action is pending within 20 days after taking the property mentioned in the notice, undertaking, and affidavit.

The defendant may, within 2 days after service of a copy of the affidavit and undertaking, give notice to the sheriff that the defendant takes exception to the sufficiency of the sureties. If the defendant fails to do so, the defendant is considered to have waived all objections …

At any time before the delivery of the property to the plaintiff, the defendant may, if the defendant does not take exception to the sureties of the plaintiff, require the return of the property upon giving to the sheriff a written undertaking, executed by two or more sufficient …

Where the plaintiff's affidavit states separately the value of one or more chattels or classes of chattels, the defendant may require, as prescribed in this chapter, the return of any or all of the chattels or classes of chattels the value of which is thus stated or of the portio…

The defendant's sureties, upon notice to the plaintiff of not less than 2 or more than 5 days, shall justify before the judge or clerk in the same manner as upon bail on arrest, and upon the justification the sheriff shall deliver the property to the defendant. The sheriff must b…

The qualification of sureties and their justification shall be such as are prescribed by chapter 16 in respect to bail upon an order of arrest.

If a return of the property be not required within 5 days after the taking and serving notice to the defendant, it shall be delivered to the plaintiff, except as provided in 27-17-309. If the defendant procures a return under 27-17-305, the remainder must be delivered to the plai…

If the property taken is claimed by any person other than the defendant or the defendant's agent and the other person makes an affidavit of the person's title to the property or right of the possession of the property, stating the grounds of the right or title, and serves the aff…

The defendant may, by answer, defend on the ground that a third person was entitled to the property, without connecting the defendant with the third party's title.

(1) When, as provided for in this chapter, the sheriff has taken property that is subject to a security interest arising under Title 30, chapter 9A, part 2, granted to plaintiff by defendant and return of the property is not required within 5 days after the taking and serving not…

(1) In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff and the defendant claim…

In all cases when a judgment is rendered, in an action to recover the possession of personal property, for the return of personal property or its value if a return cannot be had, it is the duty of the party against whom the judgment is rendered to return the property in as good c…

In case such property, while in the possession of the party against whom such judgment shall be rendered or while unlawfully detained from the party entitled to the possession thereof, be materially injured or lessened in value by use or otherwise, then a return or offer to retur…

In case such action to recover possession of personal property is brought against any sheriff or other officer who may have levied upon and seized the same under authority of any attachment or other process and judgment shall be rendered in favor of such officer for the return of…

Such second taking of such property, referred to in 27-17-404, does not release or discharge the sureties on any undertaking given for the return of such property, but an action may be maintained on such undertaking and recovery thereon had unless the property shall have been act…

(1) Property may be attached in: (a) an action upon a contract, express or implied, for the direct payment of money where the contract: (i) is not secured by any mortgage or lien upon real property; or (ii) is originally secured and such security has, without any act of the plain…

(1) Except as provided in subsection (2), the rights or shares that the defendant has in the stock of any corporation or company, together with the interest and profits on the stock, all debts due the defendant, and all other property in this state of the defendant not exempt fro…

In cases of attachment, the clerk of the court with whom the complaint is filed must not make public the fact of the filing of the complaint or the issuing of such attachment until after the filing of return of service of attachment.

There must be kept in the office of the county clerk of each county a book called "attachment book", in which must be entered by the clerk, in alphabetical order, the names of all persons against whom any writ or notice of attachment has been filed in the clerk's office. There mu…

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.