§ 15-19-30 — Attachment when debt is not due.

Whenever a debt is not yet due and it appears to the satisfaction of a circuit judge, clerk of the court of common pleas or magistrate, by affidavit, that the debtor has departed from the State with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with a like intent or that such person has removed or is about to remove any of his property from this State with intent to defraud his creditors or has assigned, disposed of or secreted or is about to assign, dispose of or secrete any of his property with like intent, the plaintiff forthwith may institute suit upon such debt or cause of action, and the circuit judge, clerk or magistrate may issue his warrant of attachment as if such debt were then due and payable. But no judgment shall be had thereon until after the maturity of the debt. The plaintiff shall pay the costs in case the debtor pays the debt on or before its maturity.

Legislative History

HISTORY: 1962 Code SECTION 10-903; 1952 Code SECTION 10-903; 1942 Code SECTION 536; 1932 Code SECTION 536; Civ. P. '22 SECTION 509; Civ. P. '12 SECTION 288; Civ. P. '02 SECTION 255b; 1883 (18) 491.