Arizona Laws 7-121. Irresponsible surety; procedure
Current as of: 2024 | Check for updates
|
Other versions
In all actions or proceedings in which an injunction, attachment or garnishment bond is executed, the defendant may at any time present to the court a statement in writing, under the oath of the defendant or his agent or attorney, that the sureties or a surety on the bond was at the time of becoming a surety, not responsible as such surety, or has become irresponsible since the execution of the bond. Thereupon the court shall cause a notice of the statement to be served upon the plaintiff, and shall cite the plaintiff to appear and show cause within five days after the service of notice why the plaintiff should not be required to execute a new and sufficient bond.
Terms Used In Arizona Laws 7-121
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writing: includes printing. See Arizona Laws 1-215