Attachment

Application to court for writ of attachment: Timing

Issuance of writ of attachment after notice and hearing.

Issuance of writ of attachment without notice and hearing.

Affidavit for attachment: Contents.

Procedure when notice and hearing not required.

Procedure when notice and hearing required: Order to show cause.

Procedure when notice and hearing required: Hearing.

Contents of order for attachment.

Written undertaking on attachment

Sheriff to attach and keep property

Notice of execution on writ of attachment: Service required

Attachment of shares of stock, debts due defendant and other property.

Execution of writ of attachment: Manner in which property is to be attached.

Deposits by plaintiff of money with sheriff to pay expenses of taking, transporting and keeping certain personal property

Third-party claims in property levied on

Examination of person served with copy of writ and defendant

Sheriff’s return of writ

Sale of attached perishable property

Sale of attached property

Satisfaction of judgment by sales of attached property.

Deficiency after sale of attached property

Plaintiff may prosecute undertaking if execution returned unsatisfied.

Discharge of attachment after judgment for defendant or dismissal of action

Defendant, having appeared in action, may move for discharge of attachment upon giving undertaking

Undertaking of defendant

Grounds for discharge of attachment.

When motion to discharge attachment made on affidavits, plaintiff may oppose by affidavits.

Improperly, improvidently or irregularly issued writ must be discharged

Constables have powers and duties of sheriff with respect to writ of attachment.