Legal Opinion

First Guaranty Bank v. Republic Bank, Inc.

District Court, D. Utah

Decided November 17, 2017No. Case No. 1:16–cv–00150–JNP–BCWPublishedCited by 2 opinions

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

  1. Christensen & Jensen, P.C. v. Barrett & DainesUtah Supreme Court · 2008
  2. State v. RushtonUtah Supreme Court · 2017
  3. Lodges at Bear Hollow Condominium Homeowners Ass'n v. Bear Hollow Restoration, LLCCourt of Appeals of Utah · 2015
  4. In Re Argyll Equities, LLC, Texas Court of Appeals, 4th District (San Antonio)2007

3Cited by2 opinions

  1. DiTucci v. AshbyDistrict Court, D. Utah · 2019
  2. Li v. LewisDistrict Court, D. Utah · 2020

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API