§ 3255 -   Taking possession with or without filing

§ 3255. Taking possession with or without filing

(a) An officer, having attached personal property by lodging a copy in the appropriate office as provided in section 3251 of this title shall thereafter remove the property so attached or take it into his possession whenever the care, safety or preservation of the property so requires, or he may accept a receipt for the same. In either case he shall withdraw the copy from the office where it was lodged, except that in a mixed attachment of real and personal property he shall make and cause to be recorded a certificate stating either that the personal property attached has been taken into his possession or receipted. Where the copy was originally lodged by mail, as provided in section 3251 of this title, such withdrawal or recording may also be accomplished by mail.

(b) The officer taking personal property as provided in this chapter may remove the same and take it into his possession, in which case he need not leave a copy of the attachment or execution in any office of record. (Amended 1971, No. 185 (Adj. Sess.), § 90, eff. March 29, 1972.)