§ 2686 - Execution for subsequent attaching creditor
§ 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 may take an execution on such judgment at any time within thirty 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 thirty 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.