Section 6223. Vacating or modifying attachment  


Latest version.
  • (a) Motion to vacate or
      modify.    Prior  to  the  application  of  property  or  debt  to   the
      satisfaction  of  a judgment, the defendant, the garnishee or any person
      having an interest in the property or debt may move, on notice  to  each
      party  and  the sheriff, for an order vacating or modifying the order of
      attachment.   Upon the motion,  the  court  may  give  the  plaintiff  a
      reasonable  opportunity  to  correct any defect. If, after the defendant
      has appeared in the action, the court determines that the attachment  is
      unnecessary  to the security of the plaintiff, it shall vacate the order
      of attachment.   Such  a  motion  shall  not  of  itself  constitute  an
      appearance in the action.
        (b)  Burden  of  proof.  Upon a motion to vacate or modify an order of
      attachment the plaintiff shall  have  the  burden  of  establishing  the
      grounds  for  the  attachment,  the need for continuing the levy and the
      probability that he will succeed on the merits.