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43.0901 Writ of attachment.

Cite as [A.S.C.A. § 43.0901]

(a) The plaintiff in any permitted action upon a contract, express or implied, may, at the commencement of the action, or at any time afterward, and before judgment, have such property of the defendant or of any one or more of several defendants as is not exempt from execution, attached as security for the satisfaction of such judgment as he may recover.

(b) No writ of attachment may be issued against the government or any instrumentality thereof, the Development Bank of American Samoa, or the United States.

(c) The clerk of the High Court may issue writs of attachment.

(d) The writ of attachment shall be issued by the clerk with the approval of the court and directed to the marshal, and shall require him to attach and safely keep so much of the property of the defendant as will be sufficient to satisfy the demand of the plaintiff, with costs and expenses.

History: 1962, PL 7-36; 1969, PL 11-54.

Research Guide: For provisions on exemption, from sale to satisfy judgments, of real property of Samoans, see 43.0909.

Case Notes:

Not relevant to the arrest of vessels for purpose of obtaining in rem jurisdiction. Star-Kist Samoa, Inc., v. Poong No. 5, ASR (1979).

The High Court has in personam jurisdiction over admiralty and maritime causes of action, even though it does not have in rem admiralty and maritime jurisdiction, and in the enforcement of such personal liability, a vessel or other goods or chattels, or credits, may be seized, attached and levied upon; and the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims, are on their face applicable in such in personam cases, insofar as they are consistent with the court’s statutory jurisdiction. Vessel Fijian Swift v. Trial Division, 4 ASR 983 (1975).