779.21 Attachment, affidavit for; undertaking; service of writ.
(1) The plaintiff in this action may have remedy by attachment of the property upon which the lien is claimed as in personal actions; this attachment may be issued, served and returned and like proceedings had thereon including the release of any attached property as in personal actions. The affidavit for the attachment must state that the defendant who is personally liable is indebted to the plaintiff in the sum named, above all setoffs, for services which entitle the plaintiff to a lien, describe the property on which it is claimed that the services were performed and that the plaintiff has filed the petition for a lien pursuant to law. No other fact need be stated. No order may be made by any court or any judge thereof requiring an undertaking or security for costs except upon 10 days' notice to the plaintiff.
(2) The writ of attachment shall direct the officer to attach the property described or so much thereof as shall be necessary to satisfy the sum claimed to be due and to hold the same subject to further proceedings in the action. The officer shall make return but it shall not be necessary for the officer to make an inventory or appraisal of the property attached; the officer shall pay any charges that may be due for booming or driving the property attached, and the amount paid shall be taxed as costs. Where personal service of the summons and writ of attachment cannot be made service shall be made as provided for service of summons on nonresidents or persons who cannot be found as in other actions.
History: 1977 c. 449; 1979 c. 32 s. 57; 1979 c. 176; Stats. 1979 s. 779.21.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
779.03 - Lien valid unless waived by claimant personally, or unless payment bond furnished.
779.035 - Form of contract; payment bond; remedy.
779.036 - Contracts with payment bond; lien; notice; duty of owner and lender.
779.04 - Claims assignable; notice; prior payment.
779.07 - Judgment and lien docket.
779.08 - Release of lien; undertaking.
779.09 - Foreclosure of lien; procedure; parties.
779.11 - Distribution of proceeds of sale.
779.12 - Sale; notice and report; deficiency judgment; writ of assistance.
779.13 - Satisfaction of judgment or lien; correction of errors.
779.135 - Construction contracts, form of contract.
779.14 - Public works, form of contract, bond, remedy.
779.155 - Judgment creditors, attachment of funds due to public contractors.
779.16 - Theft by contractors.
779.17 - Release of funds on filing bond.
779.19 - Petition for log lien; filing same.
779.20 - Action to enforce log lien; parties; costs; change of venue.
779.21 - Attachment, affidavit for; undertaking; service of writ.
779.24 - Lien for camp supplies.
779.25 - Lien for joint log driving.
779.26 - Lien of improvement companies.
779.30 - Undertaking by intervenor; procedure.
779.36 - Extent of lien; filing claim.
779.37 - Satisfaction of lien.
779.40 - Liens for labor in quarry.
779.413 - Liens on aircraft and aircraft engines.
779.415 - Liens on vehicles for towing and storage.
779.42 - Obtaining mechanic's services by misrepresentation of interest in personal property.
779.43 - Liens of keepers of hotels, livery stables, garages, marinas and pastures.
779.45 - Liens of factors, brokers, etc.
779.47 - Plastics fabricator's lien.
779.49 - Lien of owner of breeding animal or methods.
779.50 - Lien for threshing, husking, baling; enforcement.
779.71 - Disposition of articles left for laundering, dry cleaning, repair, storage.
779.87 - Escrow account or bond requirement.
779.88 - Prepaid maintenance lien.
779.89 - Attachment and preservation.
779.90 - Notice of existence of lien.
779.92 - Enforceability of lien.
779.93 - Duties of the department of agriculture, trade and consumer protection.