First Guaranty Bank v. Republic Bank, Inc.
District Court, D. Utah
1Opinion of the Court
1. "that the property [to be attached] is not earnings and not exempt from execution";
2. "that the writ is not sought to hinder, delay or defraud a creditor of the defendant";
3. "a substantial likelihood that the plaintiff will prevail on the merits of the underlying claim";
4. "that the defendant is indebted to the plaintiff";
5. "that the action is upon a contract or is against a defendant who is not a resident of this state or is against a foreign corporation not qualified to do business in this state or the writ is authorized by statute"; and
6. "that payment of the claim has not been…
2Cases cited4 opinions
- Christensen & Jensen, P.C. v. Barrett & DainesUtah Supreme Court · 2008
- State v. RushtonUtah Supreme Court · 2017
- Lodges at Bear Hollow Condominium Homeowners Ass'n v. Bear Hollow Restoration, LLCCourt of Appeals of Utah · 2015
- In Re Argyll Equities, LLC, Texas Court of Appeals, 4th District (San Antonio)2007
3Cited by2 opinions
- DiTucci v. AshbyDistrict Court, D. Utah · 2019
- Li v. LewisDistrict Court, D. Utah · 2020