Affidavit requirements when debt not yet due

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27-18-203. Affidavit requirements when debt not yet due. Actions may be commenced and writs of attachment issued upon any debt for the payment of money or specific property before the debt has become due or upon a local government debris removal issue when it appears by the affidavit, in addition to what is required in 27-18-202:

(1) that the defendant is leaving or is about to leave this state, taking property, money, or other effects that might be subjected to the payment of the debt, for the purpose of defrauding the defendant's creditors or a local government; or

(2) that the defendant is disposing of property or is about to dispose of property, subject to execution, for the purpose of defrauding the defendant's creditors or a local government.

History: En. Sec. 1, p. 141, L. 1899; re-en. Sec. 6658, Rev. C. 1907; amd. Sec. 1, Ch. 14, L. 1911; re-en. Sec. 9258, R.C.M. 1921; re-en. Sec. 9258, R.C.M. 1935; R.C.M. 1947, 93-4303(part); amd. Sec. 676, Ch. 56, L. 2009; amd. Sec. 3, Ch. 346, L. 2009.


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