When personal property is taken upon a writ of attachment or execution, the officer
serving such process may lodge a copy of the same, with his or her return, in the
office or offices proper for the filing of a financing statement to perfect a security
interest in such property under 9A V.S.A. § 9-401. Such lodgment shall hold the property against all subsequent sales, attachments,
or executions as if it had been actually removed and taken into the possession of
the officer, and different officers thereafter may serve in like manner other writs
of attachment or execution so as to create a valid subordinate lien upon the same
property. Where such process is required by this section to be lodged in any office
other than that of the town clerk in the town where the property is found, it shall
be sufficient if the officer sends a copy of the process by registered or certified
mail, return receipt requested, to the appropriate office. (Amended 1971, No. 185 (Adj. Sess.), § 89, eff. March 29, 1972.)
Terranova v. Avco Fin. Servs. of Barre, Inc., 396 F. Supp. 1402 (D. Vt. 1975). “1 real property attachments and attachments of personal property by copy under 12 V.S.A. §§ 3251, 3255, are not subject to the notice and hearing requirements, because these attachments do not involve a deprivation of possession.”
Rodrigue v. Biron, 510 A.2d 1321 (Vt. 1986). “Neither the writ of attachment nor the officer’s return contained or had appended to it a list or description of the goods or estate attached. Rather than take personal property into possession upon a writ of attachment, the serving officer may lodge a copy of the writ, with his…”
Gladstone v. Stuart Cinemas, Inc. (Vt. Super. Ct. 2005). “1 or any other rule, nor pursuant to 12 V.S.A.§3251 et seq. Based on the foregoing considerations, the Court ORDERS as follows: Plaintiffs’ motion to amend is DENIED.”
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