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smithlaw1177
smithlaw1177, Attorney
Category: Business Law
Satisfied Customers: 151
Experience:  My practice handles all sorts of business law issues such as setting up corporations, LLCs, PC, as well as dissolving corps.
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WHAT ARE THE REQUIREMENTS TO GET A WRIT OF ATTACHMENT ON A

Resolved Question:

WHAT ARE THE REQUIREMENTS TO GET A WRIT OF ATTACHMENT ON A SOMEONE IN THE STATE OF IOWA. ALSO IF THAT PERSON IS A IOWA RESIDENCE CAN I OBTAIN THE WRIT OF ATTACHMENT ON THEM
Submitted: 2 years ago.
Category: Business Law
Expert:  smithlaw1177 replied 2 years ago.

smithlaw1177 :

Hello lets see if I can help. Do you have a judgment already?

Customer:

NO NO JUDGEMENT YET

Customer:

THE VECHILE THAT HE HAS ALREADY HAS A OUT OF STATE LEIN, BUT THEY HAVENT PROFECTED THE TITLE YET WITHT HE STATE OF IOWA

smithlaw1177 :

Are you wanting to place a mechanics lien on the vehicle?

smithlaw1177 :

You should contact the clerk of court for your county. There should be a standard form that you will have to fill out and it will be given to the judge. The judge will determine whether you will have to put up a bond or not. If the judge grats the writ, then you will have a lien on the property pending the outcome of litigation. Your county clerks office will explain the procedure to you. I assume you are wanting what is known as a mechanics lien on the car pending litigation of a claim.

Customer:

R U HERE

smithlaw1177 :

yes did you not get that answer?

smithlaw1177 :

You should contact the clerk of court for your county. There should be a standard form that you will have to fill out and it will be given to the judge. The judge will determine whether you will have to put up a bond or not. If the judge grats the writ, then you will have a lien on the property pending the outcome of litigation. Your county clerks office will explain the procedure to you. I assume you are wanting what is known as a mechanics lien on the car pending litigation of a claim.


Customer:

IN THE STATE OF IOWA I HAVE TO POST A BOND

smithlaw1177 :

It is usually up to the judge in the case.

Customer:

WELL THEY WANT ME TO PUT UP A 60,000 BOND. I DONT SEE WHY OR HOW I COULD LOSE MY BOND

smithlaw1177 :

I know in my jurisdiction, they usually always make us post a bond

Customer:

FOR WHAT GROUNDS COULD THEY TAKE MY BOND

smithlaw1177 :

I dont either, especially if you have a strong case. They will take your bond if it is a frivolous case and the Defendant is damaged in any way.

smithlaw1177 :

a bond simply protects all possible defendants from misuse of the writ

Customer:

WELL HE HAS COUNTER SUED ME FOR LOSS OF USE OF THE VECHICLE DURING THE PERIOD

smithlaw1177 :

Do you feel you have a strong case against him?

Customer:

OK I WILL TELL U THE FACTS THE RV BUS HAS A LEIN ON IT IN ANOTHER STATE. THEY DIDNT HAVE THE TITLE PROFECTED. I GOT THE WRIT OF ATTACHMENT ON NOV 4TH 2011. I POSTED THE 60,000 BOND HE IS SUING ME NOW BECAUSE THE SHEFIFFS DEPTMENT INPOUNDED IT THE DAY THE WRIT WAS GRANTED. HE HAS HAD LOSE OF USE ALL THIS TIME WHIULE ITS GOING THRU THE COURTS

Customer:

COULD U ANSWER MY LAST QUESTION

smithlaw1177 :

yes i am researching it

Customer:

TY I AM WORRIED HE HAS A CASE IN THE LOSE OF USE

smithlaw1177 :

So why did you get the attachement? Had you done work on it that was not paid for or something?

Customer:

THE MONEY HE OWES ME IS FOR WORK ON ANOTHER VECHILE OF HIS , I WORKED ON HE HAS SOLD

Customer:

WELL I HIRED AN ATTOURNEY AND NOW HE GETTING COLD FEET ON ME THINKING I MAY LOOSE MY BOND

smithlaw1177 :

ok. Well it is always nerve racking for an attorney when we are talking this much money. If you have a legitimate suit against him I dont think you should worry. However I cannot even begin to guess at what the Judge will do. I hope I have helped a little at least.

Customer:

I GOT THE WRIT ON ANOTHER VECHILE HE OWNS

Customer:

WELL ITS HARD TO RESEARCH THIS I AM SURE

Customer:

WELL I HOPE IT WORKS OUT,, I HIRED AN ASSISTANT STATES ATTOURNEY TO HANDLE IT. HE SAID HE WAS WIRED IN WITH THE JUDGE

smithlaw1177 :

I think you have done the right thing by getting an attorney in the case. I understand that you have a writ on another vehicle he owns but if it is to secure property that you may be entitled to upon a judgement then you are within your right to get one. The only issue you're going to have is if the RV was used as a commerical vehicle for commerical gain. I can see that being a problem. I wish you the best of luck and I hope I helped a little.

smithlaw1177 :


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smithlaw1177, Attorney
Category: Business Law
Satisfied Customers: 151
Experience: My practice handles all sorts of business law issues such as setting up corporations, LLCs, PC, as well as dissolving corps.
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