Keyword Analysis & Research: sheriff attachment

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When does an attachment of movable property lapse from a sheriff?

A Sheriff may only perform their functions within their jurisdiction. Generally, for judgments in the Magistrates Court, an attachment of movable property lapse after 4 (four) months; or earlier if the Judgment Creditor withdraws the attachment.

What is an order of attachment?

An Order of Attachment is a provisional remedy, which means that although it is a court order, it is pre-final judgment. Any property seized is taken into the Sheriff's custody and held until the disposition is ordered by the court. There are numerous documents required, therefore, please contact an attorney for further information.

How does a sheriff decide to proceed with an attachment?

If the creditor says proceed, then the sheriff will proceed. The sheriff acts on the warrant of execution, the notice of attachment and the instruction of the creditor.

Who signs the warrant of execution and attachment?

"The warrant of execution is signed by the court based on the judgment that was obtained, either by the magistrate or the clerk of the court. "The notice of attachment must be signed by the execution creditor. It need not be signed by the sheriff.

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