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Session Laws, 1973, Special Session
Volume 710, Page 113   View pdf image
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MARVIN MANDEL, Governor                                      113

THE DISTRICT COURT, MAY ISSUE AN ATTACHMENT ON A
JUDGMENT OR DECREE IN LIEU OF ANY OTHER EXECUTION.

(B)   DEBT DUE DEFENDANT MAY BE ATTACHED.

A PLAINTIFF MAY ATTACH A DEBT DUE THE DEFENDANT
ON A JUDGMENT OR DECREE OF A COURT OF LAW OR EQUITY,
INCLUDING THE DISTRICT COURT.

(C)   DEBTS DUE DEFENDANT ON JUDGMENT.

IF THE PROPERTY ATTACHED CONSISTS OF A DEBT DUE
THE DEFENDANT ON A JUDGMENT, THE ATTACHMENT DOES NOT
PREVENT THE ISSUANCE OF EXECUTION OF THE JUDGMENT,
PROVIDED THE WRIT OF EXECUTION SHALL DIRECT THE
PROCEEDS OF THE EXECUTION TO BE BROUGHT INTO COURT,
SUBJECT TO FURTHER ORDER OF THE COURT TO ABIDE THE
RESULT IN THE ATTACHMENT.

REVISOR'S NOTE: This section presently appears as
Art. 9, §14, as amended by Ch. 252, Acts of
1973. The language of this section is
clarified to make explicit the authority to
issue an attachment on a judgment or
decree. The only other changes made are in
style.

SEC. 3-302. ATTACHMENT ON ORIGINAL PROCESS.

A COURT OF LAW INCLUDING THE DISTRICT COURT,
WITHIN THE LIMITS OF ITS JURISDICTION, MAY ISSUE AN
ATTACHMENT OR ORIGINAL PROCESS AGAINST ANY PROPERTY OR
CREDITS, WHETHER MATURED OR UNMATURED, BELONGING TO
THE DEBTOR UPON THE APPLICATION OF A PERSON WHO HAS
THE RIGHT TO BECOME A PLAINTIFF IN AN ACTION IN THE
STATE.

REVISOR'S NOTE: This section presently appears as
Art. 9, §1. The term "court of law" is
substituted for "court" to reflect the fact
that a court of equity does not have
jurisdiction over an attachment on original
process. The only other changes made are
in style.

SEC. 3-303. INSTANCES WHEN ATTACHMENT ON ORIGINAL
PROCESS AVAILABLE.

(A) IN GENERAL.

AN ATTACHMENT ON ORIGINAL PROCESS MAY ISSUE IN

 

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Session Laws, 1973, Special Session
Volume 710, Page 113   View pdf image
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