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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 12 : Court Procedure

Chapter 123 : ATTACHMENT OF PROPERTY

Subchapter 003 : ATTACHMENT OF REAL PROPERTY

(Cite as: 12 V.S.A. § 3293)
  • § 3293. Discharge of attachment lien

    (a) When an attachment or sequestration of real estate is made in an action at law, such real estate shall be discharged from such attachment lien and the party in whose favor the attachment or sequestration is made, his or her legal representative or attorney of record in the action shall discharge such attachment upon the record of attachment in the town clerk’s office, under any one of the following conditions:

    (1) when the action is discontinued or the demand on which it is founded is satisfied;

    (2) when the original writ or process is not returned to the court issuing the same within the time designated by such writ or process;

    (3) when final judgment is entered in such cause and the docket entries or court records of proceedings in such cause do not show that execution was issued therein within the time the attached property is held to respond to the judgment rendered thereon;

    (4) when execution has issued in such cause and returned with officer’s return thereon that the execution is satisfied; or

    (5) if such execution is not returned to the court issuing the same within two years from the date of issue as determined by the docket entries or court records, provided that service is not stayed by order or decree of any court or by operation of law.

    (b) If such attachment or sequestration is not discharged of record as above provided, any person having any title in or lien on such property may obtain from the court to which the original writ or process was made returnable, a certificate stating therein the fulfillment of any one of the conditions set forth above, and may file such certificate in the town or city clerk’s office in the town or city where such attachment was made. Such clerk shall thereupon discharge such attachment as follows:

    “Discharged by the town (city) clerk per court’s certificate on file.”

    (c) [Repealed.]

    (d) A clerk discharging an attachment as herein authorized shall receive a fee of $4.00. (Amended 1971, No. 84, § 7, eff. July 1, 1971; 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974; 1979, No. 161 (Adj. Sess.), § 12; 1993, No. 170 (Adj. Sess.), § 10.)