(a) In an action brought by a creditor against his or her debtor, the plaintiff may, before his or her claim is due, have an attachment against the property of the debtor, where:
(1) The debtor 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 or defraud his or her creditors, or to hinder or delay them in the collection of their debts; or,
(2) The debtor is about to make such fraudulent sale, conveyance, or disposition of his or her property with such intent; or,
(3) The debtor is about to remove his or her property, or a material part thereof, out of this state with the intent or to the effect of cheating or defrauding his or her creditors or of hindering or delaying them in the collection of their debts.
(b) The attachment authorized by subsection (a) of this section may be granted by the court in which the action is brought, by the clerk or judge thereof, or by any circuit judge in vacation, where the complaint, verified by oath of the plaintiff, his or her agent, or attorney, shows:
(1) Any of the grounds for attachment enumerated in that subsection;
(2) The nature and amount of the plaintiff's claim; and
(3) When the claim becomes due.
(c) The order of the court, clerk, or judge granting the attachment shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim, and the probable costs of the action.
(d) The order of attachment as granted by the court, clerk, or judge shall not be issued by the clerk until there has been executed in his or her office such bond on the part of the plaintiff as is directed in § 16-110-107.
(e) Provisions of §§ 221-258 of the Civil Code shall, so far as they are applicable, regulate attachments authorized by the article.
Section: Previous 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