[Studies in Civics by James T. McCleary]@TWC D-Link bookStudies in Civics CHAPTER III 3/19
To secure this writ, the creditor must make affidavit to the fact of the debt, and that the debtor is disposing or preparing to dispose of his property with intent to defraud him, or that the debtor is himself not reachable, because hiding or because of non-residence.
In addition, the creditor must give a bond for the costs of the suit, and for any damages sustained by the defendant.
The justice then issues the writ, which commands the sheriff or constable to take possession of and hold sufficient goods of the debtor and summon him as defendant in the suit. Another writ sometimes used is the writ of replevin.
To secure this writ, the plaintiff must make affidavit that the defendant is in wrongful possession of certain (described) personal property belonging to the plaintiff.
The plaintiff then gives a bond for the costs of the suit and for the return of the property in case he fails to secure judgment, and for the payment of damages if the return of the property cannot be enforced, and the justice issues the writ.
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