First National Bank of Anchorage v. Zawodny

OPINION

The issue in this case is whether a process server in possession of personal property by reason of a writ of attachment is subject to an action to recover the property brought by a third party claiming an interest superi- or to the lien of the attachment levy. We hold, in accordance with most authorities, that such an action will lie.1 In so holding we are of course aware that usually the process server’s interest will be merely that of a stakeholder. Our Civil Rules contain provisions which should be used by our courts to ensure that the real contestants in interest are before it,2…