60-712. Dissolution of attachment; hearing.

60-712

Chapter 60.--PROCEDURE, CIVIL
Article 7.--ATTACHMENT AND GARNISHMENT

      60-712.   Dissolution of attachment; hearing.(a) Motion to dissolve, how made. In all cases where property,effects or credits shall be attached, any interested person may file amotion to dissolve the attachment, verified by affidavit, putting inissue the sufficiency of the proceedings, the defendant's or other person'sclaim of exemption as to any property which has been attached, or the truthof the facts alleged in the affidavit on which the attachment was issued.The court shall hold a hearing on the motion within five days after thereceipt thereof. The burden of proof shall be on the party seeking the attachmentexcept as to any claim of exemption.

      (b)   Amendments. The judge may in the interest of justice,permit amendments to the petition or the affidavit, including thespecification of additional grounds for attachment.

      History:   L. 1963, ch. 303, 60-712; L. 1977, ch. 202, § 6; April 18.