27-18-202. Plaintiff's affidavit. When attachment of a defendant's property is sought, an affidavit must be made by the plaintiff or someone on the plaintiff's behalf stating:
(1) facts that show that the defendant is indebted to the plaintiff in the manner specified in 27-18-101(1);
(2) that the attachment is not sought to hinder, delay, or defraud any creditor of the defendant;
(3) facts creating a reasonable belief that the defendant:
(a) is leaving or about to leave this state taking with the defendant property, money, or other effects that might be subjected to payment of the debt;
(b) is disposing or about to dispose of the defendant's property that would be subject to execution;
(c) has the power to dispose of or conceal or remove from the state property that would be subject to execution; or
(d) is likely to suffer liens or encumbrances on the defendant's property that would be subject to execution;
(4) a particular description and the actual value of the property to be attached;
(5) facts creating a reasonable basis for a local government's belief that the underlying property is worth less than the cost of debris removal.
History: En. 93-4302.1 by Sec. 2, Ch. 299, L. 1977; R.C.M. 1947, 93-4302.1; amd. Sec. 675, Ch. 56, L. 2009; amd. Sec. 2, Ch. 346, L. 2009.
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