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Virgin Islands Statutes, Title 5

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Virgin Islands/Statutes

← All Virgin Islands coverage

Title 5, Judicial Procedure

63 chapters · 662 sections in this title.

All chapters in Title 5662 Ch 201, Family Division of the Superior Court72 Ch 43, Enforcement of Judgments36 Ch 87, Assignments for the Benefit of Creditors32 Ch 331, Criminal Extradition29 Ch 91, Habeas Corpus25 Ch 25, Attachment23 Ch 46, Foreign Judgments16 Ch 21, Civil Arrest and Bail15 Ch 64, Interstate Compact for Juveniles15 Ch 409, Interstate Compact for Supervision o…15 Ch 3, Limitation of Actions14 Ch 301A, The Child Victims’ and Child Witness…14 Ch 305, Proceedings Before Trial14 Ch 65, Procedure for Presentation of Evidence13

23 sections·Filtered byTitle 5✕Ch 25✕

5 V.I.C. § 251 Cases in which attachment may be made
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(1) The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment, as in this chapter p…
5 V.I.C. § 252 Affidavit for attachment
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(1) A writ of attachment shall be issued by the clerk of the court in which the action is pending, whenever the plaintiff or anyone in his behalf makes and files an affidavit showing:(1) That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness o…
5 V.I.C. § 253 Undertaking; sureties
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After filing the affidavit with the clerk, the plaintiff shall be entitled to have the writ issued as soon as he files with the clerk his undertaking, with one or more sureties, in a sum not less than one hundred dollars, and equal to the amount for which the plaintiff demands ju…
5 V.I.C. § 254 Form of writ
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The writ shall be directed to the marshal and shall require him to attach and safely keep all the property of such defendant not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which shall be stated in conformity wit…

5 V.I.C. § 255 Property subject to attachment; return and inventory

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The rights or shares which such defendant may have in the stock of any association or corporation, together with the interest and profits thereon, and all other property of such defendant in the Virgin Islands, not exempt from execution, shall be liable to be attached. The marsha…

5 V.I.C. § 256 Execution of writ

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(1) The marshal to whom the writ is delivered shall execute the same without delay, as follows:(1) Real property shall be attached by leaving with the occupant thereof, or if there be no occupant, in a conspicuous place therein, a copy of the writ certified by the marshal.(2) Per…

5 V.I.C. § 257 Priority of plaintiff's rights; liability of third persons

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(a) From the date of the attachment until it is discharged or the writ executed, the plaintiff as against third persons shall be deemed a purchaser in good faith and for a valuable consideration of the property, real or personal, attached, subject to the conditions prescribed in …

5 V.I.C. § 258 Attachment of real property; recording

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If real property is attached, the marshal shall make a certificate containing the title of the cause, the names of the parties, a description of such real property, and a statement that the same has been attached at the action of the plaintiff and the date thereof. Within ten day…

5 V.I.C. § 259 Perishable property

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If any of the property attached is perishable, the marshal shall sell the same in the manner in which property is sold on execution. The proceeds thereof and other property attached shall be retained by him to answer any judgment that may be recovered in the action, unless sooner…

5 V.I.C. § 260 Delivery of property to defendant or other claimant; undertaking

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The marshal may deliver any of the property attached to the defendant, or to any other person claiming it, upon his giving a written undertaking thereof, executed by two or more sufficient sureties, engaging to redeliver it or pay the value thereof to the marshal, to whom executi…

5 V.I.C. § 261 Judgment for plaintiff; sale of property; execution

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If judgment is recovered by the plaintiff, and it shall appear that the property has been attached in the action and has not been sold as perishable property or discharged from the attachment as provided by law, the court shall order and adjudge the property to be sold to satisfy…

5 V.I.C. § 262 Judgment for defendant; return of property

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If judgment is not recovered by the plaintiff, all the property attached, or the proceeds thereof, or the undertaking thereof, shall be returned to the defendant upon his serving upon the marshal a certified copy of the order discharging the attachment.

5 V.I.C. § 263 Discharge of attachment upon undertaking of defendant

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(a) Whenever the defendant has appeared in the action he may apply upon notice to the plaintiff to the court in which the action is pending or to the clerk of such court, for an order to discharge the attachment upon the execution of the undertaking mentioned in subsection (b) of…

5 V.I.C. § 264 Return of writ of attachment

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When the writ of attachment shall be fully executed or discharged, the marshal shall return the same, with his proceedings indorsed thereon to the clerk of the court where the action was commenced.

5 V.I.C. § 265 Garnishment; certificate; order for examination of garnishee

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(a) Whenever the marshal with a writ of attachment against the defendant, applies to any person or officer mentioned in paragraph (3) of section 256 of this title, for the purpose of attaching any property mentioned therein, such person or officer shall furnish him with a certifi…

5 V.I.C. § 266 Service of allegations and interrogatories upon garnishee

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After the allowance of the order and before such garnishee or officer thereof is thereby required to appear, or within a time to be specified in the order, the plaintiff may serve upon such garnishee or officer thereof written allegations and interrogatories touching any of the p…

5 V.I.C. § 267 Answer by garnishee

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On the day when the garnishee or officer thereof is required to appear before the court, he shall return the allegations and interrogatories of the plaintiff to the court with his written answer thereof, unless for good cause shown a further time is allowed. Such answer shall be …

5 V.I.C. § 268 Judgment against garnishee for failure to answer; limit on judgment

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If the garnishee or officer thereof fails to answer, the court, on motion of the plaintiff, may compel him to do so, or the plaintiff may, at any time after the entry of judgment against the defendant in the action have judgment against the garnishee for want of such answer. In n…

5 V.I.C. § 269 Exception by plaintiff

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The plaintiff may except to the answer of the garnishee or officer thereof for insufficiency, within such time as may be prescribed or allowed, and if the same is adjudged insufficient, such garnishee or officer may be allowed to amend his answer on such terms as may be proper, o…

5 V.I.C. § 270 Reply by plaintiff; trial of issues

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The plaintiff may reply to the whole or part of the answer within such time as may be prescribed or allowed, and the issues arising thereon shall be tried as ordinary issues of fact between plaintiff and defendant. If the answer is not excepted or replied to within the time presc…

5 V.I.C. § 271 Judgment against garnishee

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If by the answer it appears, or if upon trial it is found, that the garnishee, at the time of the service upon him or the officer thereof of the copy of the writ of attachment and notice, had any property of the defendant liable to attachment as provided in paragraph (3) of secti…

5 V.I.C. § 272 Execution against garnishee; costs

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Executions may issue upon judgments against a garnishee as upon ordinary judgments between plaintiff and defendant, and costs and disbursements shall be allowed and recovered in like manner.

5 V.I.C. § 273 Restraining order against garnishee

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At the time of the application of the plaintiff for the order provided for in section 265 of this title and at any time thereafter before judgment against the garnishee, the court in its discretion may by order restrain the garnishee from paying, transferring, or in any manner di…