The plaintiff in a civil action, at or after its commencement, may have an attachment against the property of the defendant, in the cases and upon the grounds stated in this section, as a security for the satisfaction of such judgment as may be recovered:
(1) (A) In an action for the recovery of money, where the action is against a defendant who, or several defendants who, or one of whom:
(i) Is a foreign corporation, or nonresident of the state. However, an attachment shall not be granted on the ground that the defendant or defendants, or any of them, is a foreign corporation or nonresident of this state, for any claim other than a debt or demand arising upon contract; or,
(ii) Has been absent therefrom four (4) months; or,
(iii) Has departed from this state, with intent to defraud his or her creditors; or,
(iv) Has left the county of his or her residence to avoid the service of a summons; or,
(v) So conceals himself or herself that a summons cannot be served upon him or her; or,
(vi) Is about to remove, or has removed, his or her property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff's claim, or the claim of the defendant's creditors; or,
(vii) Has sold, conveyed, or otherwise disposed of his or her property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his or her creditors; or,
(viii) Is about to sell, convey, or otherwise dispose of his or her property, with such intent.
(B) The cause of attachment mentioned in subdivision (1)(A) of this section against one (1) or more defendants to a civil action shall not authorize an attachment against any of the defendants who are not embraced in (1)(A) of this section; but the estate or interest of the defendants, only as are embraced therein, shall be subject to attachment.
(2) In an action to recover possession of personal property, where it has been ordered to be delivered to the plaintiff and where the property, or part thereof, has been disposed of, concealed, or removed, so that the order for its delivery cannot be executed by the officer.
Section: 16-110-102 16-110-103 16-110-104 16-110-105 16-110-106 16-110-107 16-110-108 16-110-109 16-110-110 16-110-111 16-110-112 16-110-113 16-110-114 16-110-115 NextLast modified: November 15, 2016