Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Subchapter 1 - General Provisions
§ 16-110-101. Grounds generally for attachment - The plaintiff in a civil action, at or after its...
§ 16-110-102. Garnishment generally - (a) (1) Whenever, in a civil action, the plaintiff shall...
§ 16-110-103. Attachment in tort actions - (a) In actions for torts committed in this state or...
§ 16-110-104. Attachment before debt due - (a) In an action brought by a creditor against his...
§ 16-110-105. Venue - Attachments may be sued out, and the actions in which...
§ 16-110-106. Order of attachment - (a) (1) An order of attachment shall be made by...
§ 16-110-107. Bond - (a) The order of attachment shall not be issued by...
§ 16-110-108. Service of orders and processes - The orders and processes in provisional remedies issued from the...
§ 16-110-109. Priority of orders of attachment - Where there are several orders of attachment against the same...
§ 16-110-110. Issuance of orders of attachments to other counties - (a) Orders of attachment may be issued to the county...
§ 16-110-111. Execution of order of attachment generally - (a) The order of attachment shall be executed by the...
§ 16-110-112. Attachment of funds in court - (a) Where the property to be attached is a fund...
§ 16-110-113. Attachment on joint or common property - The county sheriff shall not, in executing an order of...
§ 16-110-114. Attachment on property claimed by another - (a) When any county sheriff shall levy a writ of...
§ 16-110-115. Lien of attachment on property of defendant - (a) An order of attachment binds the defendant's property in...
§ 16-110-116. Property removed from county - If, after an order of attachment has been placed in...
§ 16-110-117. Bond of defendant for retention of property - (a) The county sheriff may deliver any attached property to...
§ 16-110-118. Motion to discharge before term of court - (a) On reasonable notice to the plaintiff, the defendant may,...
§ 16-110-119. Return of writ - (a) The county sheriff shall return, upon every order of...
§ 16-110-120. Removal of pending proceedings - (a) In all actions in which attachments may be pending...
§ 16-110-121. Collection, preservation, and sale of property - (a) (1) The court shall make proper orders for the...
§ 16-110-122. Bond for restitution of property - (a) If the defendant at any time before the judgment...
§ 16-110-123. Appearance by execution of bond - In an action where an attachment has been granted, the...
§ 16-110-124. Defendant's answer by affidavit - (a) The defendant may file his or her affidavit denying...
§ 16-110-125. Proof by deposition or testimony - Either party may take proof by deposition, to be read...
§ 16-110-126. Testimony required for insufficient property - (a) When it appears by the affidavit of the plaintiff...
§ 16-110-127. Appearance by garnishee - (a) Each garnishee summoned shall appear. The appearance may be...
§ 16-110-128. Time for disposition of attachment - (a) An attachment obtained at the commencement of an action...
§ 16-110-129. Discharge of garnishee - (a) The garnishee may pay the money owing to the...
§ 16-110-130. Motion to discharge - (a) At any time before the attachment is sustained, the...
§ 16-110-131. Judgment for defendant - (a) If judgment is rendered in the action for the...
§ 16-110-132. Judgment in favor of plaintiff - (a) If judgment is rendered in favor of the plaintiff...
§ 16-110-133. Judgment against garnishee - (a) Upon the service of a summons upon any garnishee...
§ 16-110-134. Intervention before sale - (a) Before the sale of any attached property, or before...
§ 16-110-135. Repossession of property by county sheriff - (a) The court may order the county sheriff to repossess...
§ 16-110-136. Sale of property - (a) The court may compel the delivery to the county...
§ 16-110-137. Judgment on bond - (a) If the plaintiff shall recover against the defendant, and...
§ 16-110-139. Powers of court - The court may, from time to time, make and enforce...
Subchapter 2 - Attachment Against Specific Property
§ 16-110-201. Other procedures applicable - The provisions of §§ 16-110-101, 16-110-102, 16-110-105 — 16-110-113, 16-110-115...
§ 16-110-202. Enforcement of mortgage, lien, etc., of personal property - In an action to enforce a mortgage of, or lien...
§ 16-110-203. Action by vendor to vacate fraudulent purchase - In an action by a vendor of property fraudulently purchased...
§ 16-110-204. Grant of attachments generally - The attachments in the cases mentioned in §§ 16-110-202 and...
§ 16-110-205. Security and bond - (a) In every case the plaintiff shall be required to...
§ 16-110-206. Order of attachment - (a) The order of attachment shall describe the specific property...
§ 16-110-207. Disposition of attached property - The county sheriff shall make such disposition of the attached...
§ 16-110-208. Conditions of bond to obtain discharge - The court may, in any of the cases mentioned in...
§ 16-110-209. Removal of property from county - Where, after an order of attachment against specific property has...
§ 16-110-210. Concealment of property - Where it appears, by return of the county sheriff or...
§ 16-110-211. Enforcement of bonds - Performance of bonds to obtain discharge of specific attachments or...
Subchapter 3 - Attachment of Boats and Vessels
§ 16-110-301. Liability for debts for building, repairing, fitting, etc - (a) Boats and vessels of all descriptions built, repaired, or...
§ 16-110-302. Liability for contracts and torts - (a) All boats and vessels of all descriptions built, repaired,...
§ 16-110-303. Affidavit for attachment - Any person having a demand, contracted as mentioned in §...
§ 16-110-304. Election of remedy - (a) The plaintiff may make his or her election either...
§ 16-110-305. Bond of plaintiff - In all cases where the proceedings are instituted against the...
§ 16-110-306. Filing complaint on return of attachment - Upon the return of the attachment, the plaintiff shall file...
§ 16-110-307. Procedure - The attachment shall proceed in like manner in all other...
§ 16-110-308. Collection of wages - All engineers, pilots, mariners, boatmen, and others employed in any...
§ 16-110-309. Discharging bond - If the owner, master, supercargo, or consignee of any such...
Subchapter 4 - Garnishment Proceedings
§ 16-110-401. Grounds - (a) (1) In all cases where any plaintiff may begin...
§ 16-110-402. Procedure in issuing writs of garnishment - (a) (1) Upon application for a writ of garnishment by...
§ 16-110-403. Filing of interrogatories - The plaintiff shall, on the day on which he or...
§ 16-110-404. Answers to interrogatories - The garnishee shall, on the return day named in the...
§ 16-110-405. Denial of answer - (a) If the garnishee files his or her answer to...
§ 16-110-406. Failure of bank to answer - (a) If any garnishee that is a bank, savings bank,...
§ 16-110-407. Failure of garnishee to answer - (a) If any garnishee, after having been duly served with...
§ 16-110-408. Discharge of garnishment issued before judgment upon filing of bond by defendant - (a) (1) Whenever a garnishment is issued in any action...
§ 16-110-409. Discharge of garnishee before judgment upon surrender of property - (a) If on the return day of any writ of...
§ 16-110-410. Discharge of garnishee upon judgment or judgment for plaintiff - (a) If the issue is found for the garnishee, he...
§ 16-110-411. Effect of judgment against garnishee - In all cases where judgment shall be rendered against any...
§ 16-110-412. Issuance of writ and judgment to another county - Writs of garnishment may be issued from the circuit court...
§ 16-110-413. Garnishment against state or subdivision of state after judgment - (a) (1) Any indebtedness, goods and chattels, moneys, credits, or...
§ 16-110-414. Garnishment against railroad for certain wages after judgment - (a) No garnishment shall be issued by any court in...
§ 16-110-415. Garnishment of wages - (a) Upon the garnishment of salaries, wages, or other compensation...
§ 16-110-416. Notice to employer garnishee - In any garnishment of salaries, wages, or other compensation due...
§ 16-110-417. Handling costs for withholding - (a) A payor may withhold up to two dollars and...