Effective: January 9, 1961
Latest Legislation: House Bill 1 - 104th General Assembly
An order for the arrest of the defendant shall be made by the clerk of the court in which the action is brought, when there is filed in his office an affidavit of the plaintiff, his authorized agent or attorney, made before a judge or clerk of any court of the state, stating the nature of the plaintiff's claim, that it is just, the amount of it as nearly as may be, and establishing one or more of the following particulars:
(A) That the defendant has removed, or begun to remove, any of his property out of the jurisdiction of the court with intent to defraud his creditors;
(B) That he has begun to convert his property, or a part thereof, into money for the purpose of placing it beyond the reach of his creditors;
(C) That he has property, or rights of action, which he fraudulently conceals;
(D) That he has assigned, removed, disposed of, or begun to dispose of his property, or a part of it, with intent to defraud his creditors;
(E) That he fraudulently contracted the debt or incurred the obligation for which suit is about to be or has been brought;
(F) That the money, or other valuable thing, for which a recovery is sought in the action, was lost by playing at any game or by means of a bet or wager.
The affidavit also must contain a statement of the facts claimed to justify the belief in the existence of one or more of such particulars.