Attachment

Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government.

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; additional bond; exception to sufficiency of sureties; vacation of writ.

Sheriff to attach and keep property; undertaking by defendant.

Notice of execution on writ of attachment: Service required; form; contents.

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; liability of sheriff.

Third-party claims in property levied on; undertaking by plaintiff; liability of sheriff; exception to sufficiency of sureties; hearing to determine title to property.

Examination of person served with copy of writ and defendant; delivery and memoranda of personal property.

Sheriff’s return of writ; certificate.

Sale of attached perishable property; sheriff to retain proceeds and attached property to answer judgment.

Sale of attached property; proceeds to be deposited in court.

Satisfaction of judgment by sales of attached property.

Deficiency after sale of attached property; sheriff to collect balance as upon an execution.

Plaintiff may prosecute undertaking if execution returned unsatisfied.

Discharge of attachment after judgment for defendant or dismissal of action; stay of release pending appeal.

Defendant, having appeared in action, may move for discharge of attachment upon giving undertaking; stipulations for release of attachments.

Undertaking of defendant; determination of disputed value of property; justification by sureties.

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; issuance of new writ.

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