60-706. Attachment order.
60-706
60-706. Attachment order.(a) Issuance and contents. The order of attachment shall bedelivered to the sheriff of any county or other officer authorized by law toserve the same, and shall command such sheriff or officer to attach theproperty of the defendant or so much thereof as will be sufficient to satisfythe plaintiff's claim, as sworn to, with interest and costs, or such specificproperty as shall be directed in writing by the plaintiff or the plaintiff'sattorney, and to summon as garnishees all persons in whose possession anypersonal property or money of the defendant may be, or who may be named by theplaintiff or the plaintiff's attorney as garnishees. An orderof attachment shall be deemed sufficient if in substantial compliancewiththe form set forth by the judicial council.
(b) Manner of serving order. The attachment order shall beserved as follows:
(1) Service of attachment. In addition to the process requiredunder article 3 of this chapter, the order of attachment shall be servedupon the defendant, if the defendant can be found, in the same manner as anordinary summons, and a return made thereof.
(2) Manner of executing order, inventory. The order ofattachment shall be executed by the officer without delay. The officershall go to the place where the defendant's property may be found anddeclare that by virtue of said order such officer attachessaid property. In attaching personal property, the officerand two disinterested appraisers who are residents of the county shallmake a true inventory and appraisal of the same under oath and saidinventory and appraisal shall be signed by the officer and theappraisers and returned with the order. Compensation for the two personsassisting with the appraisal and inventory shall be fixed by the court andassessed as additional court costs.
(3) Possession of attached property. If the property istangible personal property, the officer shall take the same intopossession if the officer can reasonably do so. If the officer doesnot take into possession any tangible personal property which is in thepossession of some person other than the defendant, the officer shalldeclare to the person in possession thereof that such officer attaches thesame and shall summon such person as garnishee by serving upon the person acopy of the order of attachment.
(4) Execution of order against realty. When the propertyattached is real property, the officer shall leave with the occupantthereof, or if there be no occupant, in a conspicuous place thereon, acopy of the order. The officer shall include in his or her returnthe name of such occupant, if any.
(5) Attaching credits. When the credits of the defendant are tobe attached, the officer shall declare to the debtor of the defendantthat the officer attaches all debts due from such debtor to the defendant,or so much thereof as shall be sufficient to satisfy the debt and interest,or damages and costs, and summon such debtor as garnishee by serving uponthe debtor a copy of the order of attachment.
History: L. 1963, ch. 303, 60-706;L. 1977, ch. 202, § 4;L. 2005, ch. 101, § 12; July 1.