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ABSTRACT OF LAWS RELATING TO THE COLLEC
TION OF DEBTS
INCLUDING ACTIONS, ATTACHMENT, ARREST, GARNISH
MENT, JUDGMENT, EXEMPTIONS, AND HOMESTEAD.
ALABAMA. - ACTIONS. Civil actions are begun by service of summons, issued by the clerk of court, and accompanied by the complaint of the plaintiff. All actions on contracts for the payment of money may be joined in one.
ATTACHMENT may be levied on any real estate, or personal property, or by garnishment. It may issue, (1) to enforce the collection of any debt, (2) for any money demand, (3) to recover damages for the breach of any contract, or, (4) when the action sounds in damages merely, an affidavit by the plaintiff that the de. fendant resides out of the State, or has absconded, or has secreted himself, or is about to remove, or has or is about to dispose of his property fraudulently. Affidavit must set forth amount of debt or demand, that it is justly due and that attachment is not for purpose of harassing defendant. Plaintiff must also give bond to defendant to prosecute attachment to effect, and pay all damages sustained by wrongful suing out of attachment.
ARREST is not allowed under the constitution for debt.
GARNISHMENT. The judgment creditor in any action may obtain a process of garnishment against any person supposed to be indebted to the defendant, and the plaintiff may obtain such process when a summons and complaint have issued in any case upon giving bond.
JUDGMENT is a lien for ten years, after filing a certificate of the clerk of the court in the office of the judge of probate of the county where it was obtained.
Stay Law. In actions before a justice of the peace defendant may, at any time before execution is issued, stay the issue thereof thirty days, if the judgment be less than twenty dollars, or sixty days if over twenty dollars, by giving a bond with surety in double the amount of the judgment. In cases in the Circuit Court execution can be stayed only by appeal to the Supreme Court and giving bond.
EXEMPTIONS. Personal property, to be selected by the debtor, to the value of one thousand dollars, is exempt from sale on execution, or other process of court, also the homestead of the debtor, not exceeding one hundred and sixty acres and not exceed. ing two thousand dollars in value, not in any city, town, or village, or in lieu thereof, any lot in any city, town, or village with the buildings thereon owned and occupied by the debtor, not exceeding two thousand dollars in value. Also are exempt, lots in cemeteries, pew or seat in church, proper wearing apparel, family portraits, books used in the family, and the wages or salaries of laborers or employees, for personal service, not exceeding twenty-five dollars per month.
ALASKA, ACTIONS. There is but one form of civil action, which must be prosecuted by the real party in interest. Actions are begun by filing a complaint with the clerk of the court, and the issuance of a summons thereupon.
ATTACHMENT is allowed for unsecured contract claims for the payment of money. The plaintiff must file an undertaking with sureties. All property including debts not due is attachable.
ARREST. The defendant may be arrested in the following actions: (1) Recovery of money or damages where he is about to remove with intent to defraud creditors, for injury to person or property, including conversion; (2), Fine or penalty, embezzlement or misapplication of funds by a public officer or one in a fiduciary capacity; (3) To recover personal property unjustly' detained, where it is concealed, disposed of, or removed; (4) Where the defendant is guilty of fraud in contracting the debt or obligation, or of concealing or disposing of property for the recovery of which the action is brought; (5) When the defendant has removed or disposed of property with the intent of defrauding creditors, or is about to do so. No female can be arrested in a civil action, except for injuries to person or property. In all cases the plaintiff must give an undertaking with sureties.
GARNISHMENT. This is provided for by the attachment law. JUDGMENT is a lien for ten years after docketing thereof, in the county where it vas issued, or where the transcript is filed, upcı all real property therein belonging
to the judgment debtor.
EXEMPTIONS. (1) Earnings for personal services within sixty days; (2) Books, pictures, and musical instruments to the value of seventy-five doilars; (3) Necessary wearing apparel but jewelry including watches not to exceed $100 in value; (4) The tools, implements, or other property necessary to enable the debtor to carry on his trade, occupauon, or profession, not to exceed $500 in value; (5) To the head of a familyenumerated property not exceeding $juo in value; (6) The seat or pew occupied by the family; (7) All property of public corporations, and the homestead of any family not to exceed $2,500 in value, or more than $100 in the country, or one-fourth of an acre in a city.
ARIZONA. ACTIONS. There is but one form of civil action. This is commcnced by filing a complaint with the clerk of the court and taking out a summons. Actions must be brought in the name of the real party in interest. If the plaintiff be a non-resident, defendant may require security for costs.
ATTACHMENT. Will issue on filing with the clerk an affidavit setting forth that defendant is justly indebted to plaintiff and the amount, also that defendant is a non-resident or a foreign corporation, or that he is about to remove permanently from the territory, and has refused to pay or secure the debt, or that he secretes himself so that process cannot be served on him, or that he has secreted or is about to secrete his property for the purpose of defrauding creditors, or that he is about to remove his property from the jurisdiction of the court without leaving enough to satisfy his debts, or from the county to defraud creditors, or that he hias disposed or is about to dispose of his property to defraud creditors and that he is about to convert bis property into money to place it beyond reach of creditors, or that the debt was due for property obtained under false pretenses, and also that the attachment is not sued out to injure or harass defendant, and that plaintiff will probably lose his debt unless attachment issues. Plaintiff must give bond with sureties to prosecute suit and for damages and costs in case attachment was wrongfully obtained.
ARREST - not authorized for debt. But every debtor who fraudulently removes from territory or fraudulently conceals or disposes of property with intent to defraud or hinder creditors is punishable by fine and imprisonment.
GARNISHMENT. Writ issues on plaintiff's giving bond with two sureties to prosecute suit to effect and to pay all costs and damages in case writ is wrongfully sued out, and filing affidavit showing either that an original attachment has been issued, or that debt is just, due, and unpaid and that defendant has not property sufficient to satisfy debt, and that the garnishment is not sued out to injure either defendant or garnishee; or that plaintiff has a judgment and that defendant has not property to satisfy it; and further, that the garnishee is indebted to defendant or has effects of defendant, or that garnishee is a joint stock company and defendant owns shares or some interest therein.
JUDGMENT is a lien for five years on all real estate owned by the defendant in the county where the judgment is rendered or where a transcript of the same has been filed.
STAY LAW. There is no stay of execution except in case of appeal.
EXEMPTIONS. To every head of a family a homestead not exceeding twenty-five hundred dollars in value; personal property to the value of five hundred dollars to be selected by the debtor, and earnings for personal services for thirty days preceding the levy.
ARKANSAS. ACTIONS. Forms of actions existing before the adoption of the code are abolished, and there is now one form of action for private rights, called a cicil action. The civil action is begun by filing with the clerk of the court a complaint and causing a summons to issue thereon. Several causes of action may be joined in the same complaint, and should be in the name of the real party in interest.
ATTACHMENT. The plaintiff may have an attachment for the recovery of money, including damages, when the defendant is a non-resident of the State; or has been absent from the State four months; or has departed with intent to defraud his creditors; or has left county to avoid service of summons, or so conceals himself that summons cannot be served on him, or has removed his property from the State, or is about to do so, not leaving enough to satisfy the claims of creditors; or has disposed of his property, or is about to do so with fraudulent intent to cheat, hinder, or delay his crcditors. An order of attachment is made by the clerk of the court on the filing by the plaintiff of an affidavit showing the nature and amount of the plaintiff's claim, that it is just, and the existence of one of the grounds of attachment above mentioned, and filing a bond of indemnity to the defendant.
Arrest. The defendant in a civil action may be arrested on filing by the plaintiff with the clerk of the court, of an affidavit showing the nature of the claim, and charging the defendant with fraud in contracting the debt, that it is a just claim, and the amount expected to be recovered, and that the affiant believes that the defendant is about to depart from the State, and has concealed his property with the intent to defraud his creditors, or that he has property, and is about to depart from the State without Icaving enough to satisfy the plaintiff's claim, together with a bond of indemnity.
GARNISHMENT. Process of garnishment may issue whenever the plaintiff believes that any person is indebted to the detendant, or has in his hands or possession goods and chattels, moneys, credits, or effects belonging to the defendant; provided, if the garnishment be issued before judgment that the plainuff shall give a bond of indemnity.
JUDGMENT rendered by the Supreme or Circuit Court of the State, or by the District or Circuit Court of the United States, is a lien on the real estate of the defendant lying in the county for which the court is held, and becomes a lien on lands in any other county on filing a transcript with the clerk of the County Circuit Court. The lien continues for three years.
STAY LAW. Execution may be stayed six months, when the judgment is a decree for money, by giving a bond with good surety, except in actions against a collecting officer, attorney, or agent, or by a surety against his principal, or in a suit brought to enforce a vendor's or mortgagee's lien.
EXEMPTIONS. Personal property of a person unmarried and not the head of a family to the value of two hundred dollars, in addition to wearing apparel, unless the debt was contracted for the purchase price thereof. Personal property of a person married or the head of a family to the value of five hundred dollars, in addition to wearing apparel. Uniform and equipments of members of the State Guard. The time wages not to exceed sixty days of all laborers and mechanics. The homestead of a married man or the head of a family, except on judgments for the purchase money, or to enforce specific liens against the property, or for debts due in a fiduciary capacity. . Such homestead, if outside of a town or village, shall consist of not exceeding one hundred and sixty acres of land, with the improvements thereon, occupied as a residence, in all not exceeding in value twenty-five hundred dollars, or not less than eighty acres without regard to value. If within a city, town, or village and owned and occupied as a residence, it shall consist of not exceeding one acre of land with improvements, not in all exceeding in value twentyfive hundred dollars, or not less than a quarter of an acre without regard to value.
CALIFORNIA. — Actions. There is only one form of action for private remedies, which is commenced by filing a complaint, and issuing a summons thereon, directed to the defendant, and must be brought in the name of the real party in interest.
ATTACHMENT. A writ of attachment may issue, in actions on contracts for the direct payment of money made or payable in the State, and not secured by mortgage or otherwise, or where the security has become valueless, and in actions of contract against a defendant residing out of the State, on filing with the clerk of the court an affidavit that the defendant is actually indebted to the plaintiff, stating the amount due, and also that the action is one of those above specified, and filing a bond of indemnity to the defendant.
Arrest. The defendant may be arrested in an action for the recovery of money or damages, when he is about to leave the State with intent to defraud his creditors or in an action to recover possession of personal property when the property has been fraudulently concealed or disposed of and cannot be found, or when the defendant was guilty of fraud in contracting the debt, or of embezzlement or fraudulent misapplication of money or property, or of misconduct or neglect in office, or in professional employment, or of willful violation of duty, or where the defendant has removed or disposed of his property with intent to defraud his creditors. The order for arrest is obtained from a judge of the court, on affidavit of one or more of the above causes, and furnishing security to defendant for damages in case the arrest proves unlawful. No female can be arrested in any civil action.
GARNISHMENT. Debts due the defendant, and credits or personal property of the defendant in the hands of a third party may be attached by serying a copy of the writ, and a notice that the debts, credits, or personal property are attached.
JUDGMENT is a lien on real property of the debtor, not exempt from being taken on execution, which is situated in the county where the action was brought, and becomes a lien on real estate in other counties by filing a transscript of such judgment in the several counties. The lien continues for five years.
STAY LAW. The power of staying execution for a reasonable time is discretionary with the court. An appeal, accompanied by sufficient security, operates as a stay.
EXEMPTIONS. Chairs, tables, desks, and books to the value of two hundred dollars, necessary household furniture, including one sewing machine and one piano, stoves, stovepipe, and utensils, wearing apparel, beds, bedding, and bedsteads, family portraits and pictures painted by any member of the family, provisions and fuel actually provided for three months, three cows and their sucking calves, four hogs with their sucking pigs, and food for such cows and hogs for one month; farm utensils not exceeding one thousand dollars in value, two oxen, or two horses, or two mules, and harness, one cart or buggy and two wagons, and food for said animals for one month, seed, grain, or vegetables for sowing, not exceeding in value two hundred dollars; and seventy-five bee-hives, and one horse and vehicle belonging to any person who is maimed or crippled, the same being necessary to his business; tools of mechanics or artisans; the office furniture, records, and seal of a notary public; the instruments of surgeons, dentists, physicians, surveyors, with their professional libraries and office furniture; the professional libraries and office furniture of lawyers, judges, ministers, editors, school and music teachers, and the indexes, abstracts, books, papers, maps, and office furniture of searchers of records necessary to be used in their profession, instruments actually used by music teachers in giving instructions, also typewriters used by owner in making his living, also one bicycle. The cabin of a miner, not exceeding five hundred dollars in value, with all the implements and gear necessary for his business, not exceeding five hundred dollars in value, with two horses, mules, or oxen, and harness necessary to operate the mine, and food for the same for one month, and the miner's claim worked by him, not exceeding one thousand dollars in value. Two oxen, mules, or horses, and harness, with food for the same for one month, and the cart or other vehicle by which carters, hackmen, peddlers, etc., habitually earn their living, one horse, vehicle, and harness used by a physician, constable, or minister in the practice of his profession, with food for such animals for one month; fishing boat and net of fisherman not exceeding five hundred dollars; poultry not worth more than seventy-five dollars; seamen's and sea-going fishermen's wages not exceeding three hundred dollars; the earnings of the judgment debtor for personal services rendered within thirty days next preceding the levy, when it appears by affidavit that such earnings are necessary for family support, but only half of such earnings are exempt when the debt is for necessaries; shares in homestead associations not exceeding one thousand dollars, when the debtor has no homestead selected; nautical instruments and wearing apparel of any mariner; life insurance policies, when the premium does not exceed five hundred dollars; all firearms required by law to be kept by any person, one rifle and one shotgun selected by the debtor; all material not over one thousand dollars purchased in good faith for use in or about to be applied in good faith to the construction, alteration, or repair of any building, mining claim, or other improvement, except upon a judgment recovered for its price, or foreclosure of a mortgage thereon, all machinery, etc., necessary in construction of artesian wells or surface wells to the value of one thousand dollars. Shares of stock in any building and loan association to the value of one thousand dollars; also a homestead, consisting of the land on which the debtor resides, to be selected by him, to the value of five thousand dollars, if the head of a family, or one thousand dollars of any other person.
COLORADO.- ACTIONS. There is only one form of action in civil cases, and actions are begun by filing with the clerk of the court a written core plaint. Non-residents must give security for costs or by the service of a summons.
ATTACHMENT. Writ of attachment may issue on filing with the clerk of the court a bond with sureties in double the amount claimed, and an affidavit, signed by the plaintiff or on his behalf, stating the nature and amount of the claim, as near as may be, and that defendant is a non-resident or a foreign corporation or a corporation whose chief office or place of business is out of the State, or that he conceals himself or stands in defiance of an officer so that process cannot be served on him, or that for more than four months defendant has been absent from the State, or his whereabouts unknown, the indebtedness having been due during the whole of said period, or that he is about to remove his property from the State with intent to defraud or delay creditors; or that he has fraudulently assigned, concealed, removed, or disposed of his property to hinder or delay creditors, or is about to do so; or that he is about to depart from the State with the intention of having his effects removed from the State; or that he has failed or refused to pay the price of any article delivered to him which should have been paid for on delivery, or to pay for any services rendered by plaintiff at his request, which were to be paid for when said services were rendered; or that the debt was fraudulently contracted; or if defendant procured property of plaintiff by false representations or fraudulent conduct. Attachment may issue on debts not due if attachment levies on defendant's property are sufficient to render him insolvent. Writs of attachment may issue on Sunday or on Legal Holidays in urgent cases.
ARREST. No person can be arrested on mesne process, and only on execution, when it is on an action of tort in which the finding shall be for the plaintiff, and shall state that the defendant was guilty of malice, fraud, or willful deceit in committing the tort, and in this case he may be imprisoned for one year, or until the judgment is paid.
GARNISHMENT. If the sheriff cannot find any property of the defendant, or sufficient to satisfy the attachment, he may summon any persons named in the writ, who are indebted to, or have goods, effects, or credits of the defendant in their hands; and in any case on the return of an execution unsatisfied, any person having property of the defendant or indebted to him may be summoned into court to answer concerning the same.
JUDGMENT becomes a lien on the real estate of the defendant in any county by filing in such county an abstract of the judgment, and continues as such for six years, but execution must issue within one year. From the time that the execution is delivered to the officer the judgment becomes a lien on all the goods and chattels of the debtor.
STAY LAW. There is no stay of execution in Colorado except on appeal or in case of a writ of error by a supersedeas.
EXEMPTIONS. The following property of a person being the head of a family is exempt, and if the head of the family dies the family is entitled to the same exemption: The pictures, school-books, and library of the debtor; a seat or pew in church; one burial lot; necessary wearing apparel of the family; all beds and bedding, stoves and cooking utensils used by the debtor or his family, and other household furniture not exceeding one hundred dollars in value; provisions for the debtor and his family for six months, and fuel for six months; one bicycle, one sewing machine, the tools, implements, er stock-in-trade of a mechanic, miner, or other person, used and kept for the purpose of trade, not exceeding in value two hundred dollars; the library and implements of professional men, not exceeding three hundred dollars; working animals to the value of two hundred dollars; one cow and calf, ten skeep, and the necessary food for the same for six months, provided or growing, or both, also one farm wagon, one plow, harrow, and other farm implements, including harness and tackle for the team not exceeding fifty dollars, the wearing apparel of any person and the working animals of any person to the value of two hundred dollars are exempt from execution and attachment; the earnings of husband or wife, if the family is dependent in whole or in part on them for support, are exempt to the amount of sixty per