27-18-202. Plaintiff's affidavit.
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/mt/title-27/chapter-18/part-2/27-18-202·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.