ATTACHMENT. In California, and in some other of the code states, the plaintiff in an action on a contract for the direct payment of money, may at the time of the issuing of the summons in the action, or at any time afterward, have the property of the defendant, or of one or more of several defendants, attached as security for the satisfaction of any judgment that may be recovered by the plaintiff in the action, unless the defendant, whose property is sought to be attached give security by an undertaking, as provided in the Code of Civil Procedure. Code of Civil Procedure, sections 537, 540. FORM NO. 106. AFFIDAVIT FOR WRIT OF ATTACHMENT WHEN CONTRACT WAS MADE, OR IS PAYABLE IN THIS STATE. [Name of Court.] [Venue.] dollars A B being duly sworn, deposes and says: That he is the plaintiff in this action; [or that he makes this affidavit on behalf of the plaintiff in this action] that the defendant in this action is indebted to the plaintiff therein in the sum of over and above all legal set-offs and counter claims upon an express [or implied] contract, for the direct payment of money, namely, upon a contract; [state in substance what the contract is] that such contract was made [or is payable] in this state, and that the payment of the same has not been secured by any mortgage or lien upon real or personal property, or by any pledge of personal property; [or that the payment of the same was originally secured by a mortgage [or lien] upon real [or personal] property; [or by a pledge of personal property] and that such security has, without any act of the plaintiff or the person to whom the security was given, become valueless.] That the attachment is not sought, and the action is not prosecuted, to hinder, delay or defraud any creditor of the defendant. [Jurat.] Signature. FORM NO. 107. AFFIDAVIT FOR ATTACHMENT AGAINST A NON RESIDENT WHEN THE CONTRACT WAS NOT MADE OR IS NOT PAYABLE IN THIS STATE. [Name of Court.] [Venue.] A B being duly sworn, deposes and says: That he is the plaintiff in this action; [or that he makes this affidavit on behalf of the plaintiff in this action] that the defendant is indebted to the plaintiff therein in the sum of · — dollars, over and above all legal set-offs and counter claims; that the defendant is a nonresident of this state, and that the attachment is not sought, and the action is not prosecuted to hinder, delay or defraud any creditor of the defendant. [Jurat.] Signature. Upon receiving a proper affidavit for an attachment, but before issuing the writ, the clerk of the court must require a written undertaking on the part of the plaintiff in a sum not less than two hundred dollars, and not exceeding the amount claimed by the plaintiff, with sufficient sureties, which must be substantially according to the following form: FORM NO. 108. UNDERTAKING ON ATTACHMENT. [Name of Court.] The plaintiff having applied [or being about to apply] for the issuance of a writ of attachment in this action, and the clerk of the court having required before the issuance of said writ an undertaking on behalf of plaintiff, with sufficient sureties, in the sum of dollars, and NOW THEREFORE, in consideration of the premises, and of the issuance of such writ, we, A B, the plaintiff in the action, [or J K on behalf of the plaintiff in the action] as principal, and as sureties, undertake and promise the defendant, and are bound to him in the sum of dollars, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not exceeding said sun of [Date.] 131.] dollars. Signature. [Affidavit showing the sufficiency of the sureties as in form Within five days after the service of the summons in the action, the defendant may except to the sufficiency of the sureties to the undertaking, and if he does so, the sureties or others in their place, must upon notice to the defendant. of not less than two, nor more than five days, justify before a judge or county clerk, in the same manner as upon bail on arrest, and if they or such other sureties fail to do so, the writ of attachment will be vacated. (See forms Nos. 96 and 97.) The defendant, to prevent his property from being attached and held by the sheriff under the writ of attachment, may give to the sheriff security by the undertaking of two sufficient sureties, which may be according to the following form: FORM NO. 109. UNDERTAKING TO INDEMNIFY SHERIFF. [Name of Court.] A B as the sheriff of the county of in this state, being about to attach the property of the defendant in this action, by virtue of a writ of attachment issued therein, and NOW, THEREFORE, in consideration of the premises, and for the purpose of giving security and to prevent the levy of such attachment, we, undertake and promise the plaintiff in this action, and are bound to him in the sum of dollars; [being an amount sufficient to satisfy plaintiff's demand, besides costs, or an amount equal to the value of the property about to be attached] that the defendant will satisfy any judgment which the plaintiff may recover against him in the action. [Date.] Signatures. An affidavit showing the sufficiency of sureties should be under or attached to the undertaking, as in form No. 131. If perishable property be attached, it may be sold by the sheriff without any order of the court, or of a judge thereof; and the net proceeds retained by the sheriff in place of the perishable property, so attached. In case the interest of the parties to the action will be subserved by a sale of any of the property attached, and this satisfactorily appears to the court, or to a judge thereof, by the stipulation of parties, or by affidavit, or other evidence in the action, the court or a judge thereof, may order such property sold in the same manner as under execution, and the proceeds to be deposited in court to abide the judgment in the action. BUDD-32 FORM NO. 110. ORDER OF THE COURT, OR OF A JUDGE THEREOF, FOR THE SALE OF ATTACHED PROPERTY. [Name of Court.] It appearing to the satisfaction of the court [or to Hon. judge of the court] from the stipulation of the attorneys of the parties to the action, [or from affidavits, or from evidence, describing what it was] that the interest of the parties to the action will be subserved by a sale of the following described personal property attached in the action, namely: [Describe such property.] IT IS ORDERED that said property so attached be sold by the sheriff who attached the property in the same manner as property is sold under an execution; and that the proceeds of the sale be deposited in court to abide the judgment in the action. [Date.] Judge. Such an order can be made only upon notice to the adverse party, or his attorney, in case such party has been personally served with the summons in the action, or has made a general appearance by an attorney therein. Should a person not a party to the action, claim the property attached as his property, he should make such claim by an affidavit, similar to the affidavit indicated by form No. 104, and if such claim be so made, and the plaintiff be notified of such claim, and a bond of indemnity be demanded of him by the sheriff, the sheriff is not bound to keep, under the writ of attachment, the property so claimed, unless the plaintiff give to him a bond of indemnity similar to the one as indicated by form No. 105. (See sections 549, 689, Code of Civil Procedure.) After a defendant has appeared in the action, he may apply to the court in which the action is pending, or to a judge thereof, upon reasonable notice to the plaintiff, for an order to discharge the attachment wholly, or in part, on giving an undertaking, as provided by statute. FORM NO. 111. UNDERTAKING GIVEN TO PROCURE AN ORDER TO DISCHARGE AN ATTACHMENT. [Name of Court.] J K, the sheriff of county, in this state, having, under and by virtue of a writ of attachment issued in this action, attached property of said C D, the [or a] defendant in the action, which property is described as follows, namely: [describe it] and said defendant having applied to said court, [or to Hon. judge of said court] upon reasonable notice to plaintiff, for an order to release said property from said attachment; and said court [or said judge] having required before such order was made, an undertaking on behalf of said defendant, and having fixed- dollars as the sum for which such undertaking must be given; dollars, to NOW, THEREFORE, in consideration of the premises, and for the purpose of having such order made, we, and residents and freeholders [or householders] in the state of California, undertake, on behalf of said defendant, and promise the plaintiff, and are bound to him in said sum of the effect that in case the plaintiff recover judgment in the action, the defendant will, on demand, redeliver the attached property so released to the proper officer, to be applied to the payment of the judgment; or in default thereof, that the defendant, and we, his sureties, will, on demand, pay to the plaintiff the full value of the property released. [Date.] Signatures. The court or judge is to fix the amount for which such undertaking must be given, and in case the plaintiff require it, the sureties must justify in manner similar to the justification of sureties to an undertaking of bail. (See form No. 97 et seq.) On the justification of such sureties, when required, or if such justification be not required, the court, or judge thereof, will make an order releasing from the writ of attachment the attached property. The sureties should in any case make the affidavit showing their sufficiency as such sureties, as in form No. 131. FORM NO. 112. ORDER RELEASING FROM ATTACHMENT, ATTACHED PROP. [Name of Court.] ERTY. C D, the defendant [or one of the defendants] in this action, having applied for the release of property attached in the action, and an undertaking having been given in behalf of C D, said defendant [or one of the defendants] in this action, as required by the court [or Hon., judge of the court] to obtain an order for the release from attachment of the property of said defendant C D, and which has been attached under a |