32-08.1-03. Basis for attachment.
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/nd/title-32/chapter-32-08-1-attachment/32-08-1-03·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Before any writ of attachment may be executed, the plaintiff or someone on the
plaintiff's behalf shall make and attach thereto an affidavit stating the basis and
amount of the claim against the defendant, that the same is due upon contract or upon
a judgment, and that the affiant knows or has good reason to believe any of the
following:
a. The defendant is absent from this state, or is concealed therein so that summons
cannot be served on the defendant.
b. The defendant has disposed of or concealed or is about to dispose of or conceal
the defendant's property or some part thereof with intent to defraud the
defendant's creditors.
c. The defendant has removed or is about to remove property out of this state with
intent to defraud the defendant's creditors.
d. The defendant fraudulently incurred the obligation respecting which the action is
brought.
e. The defendant is not a resident of this state.
f. The defendant is a foreign corporation or limited liability company or the
defendant is a domestic corporation or limited liability company and no officer,
manager, or agent thereof on whom to serve the summons exists or resides in
this state or can be found.
g. The action is against a defendant as principal on an official bond to recover
money due the state or to some political subdivision thereof, or that the action is
against the defendant as principal upon a bond or other instrument given as
evidence of debt for or to secure the payment of money embezzled or
misappropriated by such defendant as an officer of the state or of a political
subdivision thereof.
h. The action is against a defendant to recover purchase money for personal
property sold to the defendant, in which case the property must be specifically
described, if one of the conditions under subdivision a, e, or i and one of the
conditions under subdivision b or c is also alleged.
i. The action is against the owner of any motor vehicle for damages alleged to have
been caused by the negligence of such owner or the owner's duly authorized
agent, the motor vehicle alleged to have been driven, occupied, or owned by a
negligent driver or owner thereof, at the time of such accident, may be attached, if
one of the conditions under subdivision a or e and one of the conditions under
subdivision b or c is also alleged.
2. In tort actions the affidavit must state that a claim for relief in tort exists in favor of the
plaintiff and against the defendant, that the damages sustained exceed fifty dollars
specifying the amount claimed and either:
a. The defendant is not a resident of this state or that the defendant's residence is
unknown and cannot with due diligence be ascertained; or
b. The defendant is a foreign corporation or foreign limited liability company.
3. An action may be maintained and a writ of attachment issued on a demand not yet due
in any case mentioned in this section, except the cases mentioned in subdivision e, f,
or g of subsection 1 and the same proceedings in the action shall be had and the
same affidavit shall be required as in actions upon matured demands except that the
affidavit shall state that the debt is to become due. The bond specified in section
32-08.1-05 shall be for three times the amount demanded. In case an attachment is
issued before the maturity of the debt and a defense to such attachment is sustained,
the court shall render a judgment for damages and costs against the plaintiff.