Title 18, Chapter 4, Section 40
( 18-4-40)
In cases where an action is pending against the defendant,
garnishment may issue prior to judgment only in the following cases: (1) When the defendant resides outside the limits of the state; (2) When the defendant is actually removing, or about to remove,
outside the limits of the county; (3) When the defendant is causing his property to be removed
beyond the limits of the state; (4) When the defendant has transferred, has threatened to
transfer, or is about to transfer property to defraud or delay his
creditors; or (5) When the defendant is insolvent. |