Section 6 Affidavit to Obtain Writ of Attachment

• Library: Remedies 2006

Rule 85.03

Rule 85.03 states that an affidavit to obtain a writ of attachment is required. The affidavit must state:

“(a) The nature and amount of the claim; and

(b) Facts showing the existence of one or more of the grounds for attachment set forth in Section 521.010, RSMo [2000].”

The grounds for attachment in § 521.010 are as follows:

1. Where the defendant is not a resident of this state
2. Where the defendant is a corporation, whose chief office or place of business is out of this state
3. Where the defendant conceals himself, so that the ordinary process of law cannot be served upon him
4. Where the defendant has absconded or absented himself from his usual place of abode in this state, so that the ordinary process of law cannot be served upon him
5. Where the defendant is about to remove his property or effects out of this state, with the intent to defraud, hinder or delay his creditors
6. Where the defendant is about to remove out of this state, with the intent to change his domicile;
7. Where the defendant has fraudulently conveyed or assigned his property or effects, so as to hinder or delay his creditors;
8. Where the defendant has fraudulently concealed, removed or disposed of his property or effects, so as to hinder or delay his creditors;
9. Where the defendant is about fraudulently to convey or assign his property or effects, so as to hinder or delay his creditors;
10. Where the defendant is about fraudulently to conceal, remove or dispose of his property or effects, so as to hinder or delay his creditors;
11. Where the cause of action accrued out of this state, and the defendant has absconded, or secretly removed his property or effects into this state;
12. Where...