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] 87 Acts, ch 80, §25 Referred to in §124.407, 537.5110 \n
Notes of Decisions
Rockport Co. v. Wedgewood, Inc., 447 N.W.2d 126 (Iowa 1989).
· cites it 38× “See Iowa Code § 639.3 (5) (attachment available where “the defendant is about to dispose of the defendant’s property with intent to defraud the defendant’s creditors”).”
Klooster v. North Iowa State Bank, 404 N.W.2d 564 (Iowa 1987).
· cites it 2× “The Kloosters presented a traditional wrongful attachment claim based upon their contention that the bank did not have reasonable grounds to believe the matters asserted in the affidavit offered for purposes of obtaining the writ under Iowa Code section 639.3 (1983). The grounds…”
Frudden Lumber Co. v. Clifton, 183 N.W.2d 201 (Iowa 1971).
· cites it 2× “That effectively refutes any allegations to the effect defendant had then moved or intended to move out of this state. IV. We turn now to the claim by both plaintiffs to the effect defendant had absconded.”
Wilson v. Kelso, 92 N.W.2d 392 (Iowa 1958).
· cites it 2× “(See section 639.3, subsections 6 and 7, Code of 1958.”
In re the Marriage of Hamood, 506 N.W.2d 803 (Iowa Ct. App. 1993).
· cites it 4× “[Referring to the existing Iowa Code section 2951 which is similar to the current provision contained in Iowa Code section 639.3(2) (1991).] As is said in Green v.”
Farmers Nat'l Bank of Webster City v. Manke, 500 N.W.2d 19 (Iowa 1993).
· cites it 2× “On the debtor’s suit for wrongful attachment, we held that preferential treatment among creditors, outside bankruptcy and absent fraud, was not a justification for an attachment under section 639.3(10). Rockport, 447 N.W.2d at 132 .”
— Iowa Code § 639.3(10) — 2 cases
Rockport Co. v. Wedgewood, Inc., 447 N.W.2d 126 (Iowa 1989).
“See Iowa Code § 639.3 (5) (attachment available where “the defendant is about to dispose of the defendant’s property with intent to defraud the defendant’s creditors”).”
Farmers Nat'l Bank of Webster City v. Manke, 500 N.W.2d 19 (Iowa 1993).
“On the debtor’s suit for wrongful attachment, we held that preferential treatment among creditors, outside bankruptcy and absent fraud, was not a justification for an attachment under section 639.3(10). Rockport, 447 N.W.2d at 132 .”
— Iowa Code § 639.3(2) — 1 case
In re the Marriage of Hamood, 506 N.W.2d 803 (Iowa Ct. App. 1993).
“[Referring to the existing Iowa Code section 2951 which is similar to the current provision contained in Iowa Code section 639.3(2) (1991).] As is said in Green v.”
— Iowa Code § 639.3(5) — 1 case
Rockport Co. v. Wedgewood, Inc., 447 N.W.2d 126 (Iowa 1989).
“See Iowa Code § 639.3 (5) (attachment available where “the defendant is about to dispose of the defendant’s property with intent to defraud the defendant’s creditors”).”
— Iowa Code § 639.3(6) — 1 case
Frudden Lumber Co. v. Clifton, 183 N.W.2d 201 (Iowa 1971).
“That effectively refutes any allegations to the effect defendant had then moved or intended to move out of this state. IV. We turn now to the claim by both plaintiffs to the effect defendant had absconded.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.