639.3 Grounds.

367 words·~2 min read·/ia/chapter-639-attachment/639-3

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

The petition or amendment to petition which asks an attachment, must in all cases be sworn to. It must state one or more of the following grounds:

1. That the defendant is a foreign corporation or acting as such.

2. That the defendant is a nonresident of the state.

3. That the defendant is about to remove the defendant’s property out of the state without leaving sufficient remaining for the payment of the defendant’s debts.

4. That the defendant has disposed of the defendant’s property, in whole or in part, with intent to defraud the defendant’s creditors.

5. That the defendant is about to dispose of the defendant’s property with intent to defraud the defendant’s creditors.

6. That the defendant has absconded, so that the ordinary process cannot be served upon the defendant.

7. That the defendant is about to remove permanently out of the county, and has property therein not exempt from execution, and that the defendant refuses to pay or secure the plaintiff.

8. That the defendant is about to remove permanently out of the state, and refuses to pay or secure the debt due the plaintiff.

9. That the defendant is about to remove the defendant’s property or a part thereof out of the county with intent to defraud the defendant’s creditors.

10. That the defendant is about to convert the defendant’s property or a part thereof into money for the purpose of placing it beyond the reach of the defendant’s creditors.

11. That the defendant has property or rights in action which the defendant conceals.

12. That the debt is due for property obtained under false pretenses.

13. That the defendant is about to dispose of property belonging to the plaintiff.

14. That the defendant is about to convert the plaintiff’s property or a part thereof into money for the purpose of placing it beyond the reach of the plaintiff.

15. That the defendant is about to move permanently out of state, and refuses to return property belonging to the plaintiff.

[C51, §1848; R60, §3174; C73, §2951; C97, §3878; C24, 27, 31, 35, 39, §12080; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.3]

Referred to in §124.407, 537.5110