Taking possession with or without filing

Checkout our iOS App for a better way to browser and research.

§ 3255. Taking possession with or without filing

(a) An officer, having attached personal property by lodging a copy in the appropriate office as provided in section 3251 of this title shall thereafter remove the property so attached or take it into his or her possession whenever the care, safety, or preservation of the property so requires, or he or she may accept a receipt for the same. In either case he or she shall withdraw the copy from the office where it was lodged, except that in a mixed attachment of real and personal property he or she shall make and cause to be recorded a certificate stating either that the personal property attached has been taken into his or her possession or receipted. Where the copy was originally lodged by mail, as provided in section 3251 of this title, such withdrawal or recording may also be accomplished by mail.

(b) The officer taking personal property as provided in this chapter may remove the same and take it into his or her possession, in which case he or she need not leave a copy of the attachment or execution in any office of record. (Amended 1971, No. 185 (Adj. Sess.), § 90, eff. March 29, 1972.)


Download our app to see the most-to-date content.