12-1523. Issuance of writ for debt or demand not due; affidavit; trial; judgment

347 words·~2 min read·/az/title-12/12-1523

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. After entry of an order pursuant to the requirements of chapter 14 of this title, a writ of attachment may issue although the plaintiff's debt or demand is not due, but final judgment shall not be rendered against the defendant until the debt or demand is due.

B. To obtain an attachment for a debt or demand not due, the plaintiff may file with the clerk or justice of the peace a complaint and shall file an affidavit showing:

1. That the defendant is indebted to the plaintiff upon a contract, express or implied, for the direct payment of money, stating the amount, and that the debt is not due.

2. That such contract was made or is payable in this state.

3. That payment of the debt has not been secured by a mortgage, pledge or lien.

4. The character of the debt sued for.

5. That there are no legal setoffs or counterclaims against the debt.

6. That the defendant is about to remove permanently from the state and has refused to secure the debt, or that he has secreted his property for the purpose of defrauding his creditors, or that he is about to remove his property from the state without leaving sufficient property remaining for payment of his debts, or that he has disposed of his property wholly or in part with intent to defraud his creditors, or that he is about to dispose of his property with intent to defraud his creditors.

C. The affidavit shall further state that the attachment is not sued out for the purpose of injuring or harassing the defendant and that the plaintiff will probably lose his debt unless the attachment is issued.

D. The facts set forth in the affidavit filed under this section may be denied by the defendant, and the issue so formed shall be tried as other questions of fact.

E. If judgment is for the defendant, the court shall fix and include in the judgment a reasonable attorney's fee and shall enter judgment therefor against the sureties upon the attachment bond.