Vermont Statutes Title 12 Sec. 2686
Terms Used In Vermont Statutes Title 12 Sec. 2686
- Lien: A claim against real or personal property in satisfaction of a debt.
- Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- real estate: as used in this chapter shall mean such lands, tenements, rights, and estates as are made liable to execution by section 2781 of this title. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 2686. Execution for subsequent attaching creditor
(a) When a subsequent attaching creditor recovers judgment while a prior action is pending, on which the same property is attached, he or she may take an execution on such judgment at any time within 30 days after all prior attachments are discharged, if the property attached is personal property, and, if real estate, within five months after the prior attachments are discharged, though more than a year and a day have passed after the rendition of such judgment. If an execution was taken out at the time of the rendition of such judgment, which is unsatisfied, the plaintiff may take out other executions thereon within the time aforesaid, though the judgment has lain dormant for more than a year and a day. Such execution, or other executions, if so taken out, shall hold the lien on the goods or estate so attached, if put into the hands of the attaching officer within 30 days after the discharge of all liens on such property, if the property was personal, or five months, if real estate.
(b) If more than a year and a day have expired from the rendition of the judgment, the magistrate issuing such execution shall state therein that the plaintiff was a subsequent attaching creditor.