Ex Parte Hearing Procedure for Obtaining Writ of AttachmentProcedure for Obtaining Additional Writs
Section § 485.510
This law allows a plaintiff—someone who has already obtained a court order and writ of attachment—to request more writs of attachment if needed. They can do this by filing an application with the same court handling their case.
Section § 485.520
This law outlines what must be included in an application for an attachment order. It needs to be sworn under oath and provide several critical details: a statement confirming a right to attach order has been issued, the amount to be secured, a description of the property to be attached, and confirmation that the property isn't exempt from attachment, following certain legal requirements.
Section § 485.530
This law section explains that when someone wants a court to quickly seize assets to secure a future judgment, they need to provide detailed documentation called an affidavit. This affidavit must demonstrate two things: first, that waiting for the usual legal process would cause them significant or permanent harm, and second, that the property they’re targeting for attachment can legally be attached, meaning it’s not protected or exempt. For the second point, the person writing the affidavit is allowed to use information they believe is true, even if they don't have direct evidence.
Section § 485.540
This section explains that a court can issue a writ of attachment, which is an order to seize someone's property, if certain conditions are met. First, there must already be an order in place allowing for such attachment. Second, the affidavit has to show that the property isn't protected from being taken. Finally, the party requesting the attachment must prove that waiting would cause serious harm or loss.