Revised Laws of Saint Lucia (2021)

Section I   Simple attachment

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   674.   A creditor has a right, before obtaining judgment, to attach the goods and effects of his or her debtor.

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   In all cases where, as plaintiff, he or she produces an affidavit establishing: that the defendant is personally indebted to him or her in a sum exceeding $96, that the defendant absconds or is about immediately to leave Saint Lucia, or is about immediately to secrete, or is secreting his or her property, with the intent to defraud his or her creditors and the plaintiff in particular; or that the defendant is a trader, that he or she is notoriously insolvent, that he or she has refused to arrange with his or her creditors or to make an assignment of his or her property to them or for their benefit, and that he or she still carries on his or her business; and, in either case, that the deponent verily believes that without the benefit of the attachment the plaintiff will lose his or her debt or sustain damage.

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   675.   If the claim is founded on unliquidated damages, the writ of attachment cannot issue without an order of the Judge after examining into the sufficiency of the affidavits, which, moreover, must state the nature and amount of the damages claimed and the facts which gave rise to them, and the Judge may in his or her discretion either grant or refuse the writ, and fix the amount of the bail upon giving which the property may be released.

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   676.   Simple attachment is effected by means of a writ addressed to the Sheriff, or to any Sheriff's officer, requiring such Sheriff or officer to seize the movables and effects of the defendant, and to summon him or her to appear on a day fixed at the office of the Registrar, to answer the demand and show cause why the attachment should not be declared valid.

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   677.   The amount of the plaintiff's claim must be endorsed upon the writ, or the sum for which security may be given.

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   678.   The writ is issued by the Registrar, upon a written requisition from the plaintiff.

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   It is tested in the same manner as writs of summons.

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   679.   The writ may also be issued for the Supreme Court, according to the amount claimed, by any clerk of the District Court, who, in such case, may likewise receive the necessary affidavit.

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   680.   The provisions contained in articles 650 and 651 concerning writs of capias, apply likewise to simple attachment.

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   681.   The seizure of the goods of the defendant is effected in the same manner as upon the execution of a judgment.

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   682.   A warrant of attachment may also be issued, in the case of article 673, by any Commissioner of the Supreme Court, addressed to the Sheriff, or to the Sheriff's officer nearest to his or her residence, commanding him or her to seize and detain the effects of the debtor.

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   683.   This warrant of attachment is in the name of the commissioner who issues it; it orders the movables and effects of the defendant to be attached, with the ordinary formalities of seizures, and that they be kept and detained for the period of 3 days from the seizure, and no longer, unless before the expiration of such 3 days a writ of attachment, pursuant to the above provisions, issues from the proper Court.

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   684.   The effects so seized cannot be detained for a longer period than 3 days under such warrant of a commissioner.

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   685.   The commissioner who granted such warrant must, without delay, transmit a duplicate thereof, together with the original affidavit upon which the warrant was granted.

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   686.   When in the Supreme Court the writ or the warrant is addressed to a Sheriff's officer, such officer is bound to make a return of his or her proceedings to the Sheriff, and to deliver to him or her the effects seized, in order that they may be disposed of by the Court according to law.

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   687.   The Sheriff or his or her officer may also demand in advance from the party suing out the writ or his or her attorney-at-law, such sum as may be deemed sufficient by the Judge or Registrar, for the safe keeping of the effects seized.

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   688.   The Sheriff may renew such demand as often as the sum so advanced is expended, by presenting a petition, or which notice has been given to the party seizing or his or her attorney-at-law; and if the amount fixed by the Judge or Registrar is not paid within 24 hours, the seizure is discharged, and the Sheriff or his or her officer is exonerated from any liability whatever.

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   689.   The writ of attachment must be returned with an inventory of the seizure, and a certificate of service both of the writ and of the declaration, in the same manner as upon a writ of capias.

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   690.   A copy of the writ of attachment must be left with the defendant, as well as a duplicate of the inventory of the seizure, as soon as it is completed. As regards the declaration, it may either be served at the same time as the writ, or within the 3 days which follow the seizure, by leaving a copy thereof either with the defendant or at the Registrar's office.

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   691.   The effects seized must, in every case, be placed in the custody of a responsible person offered by the defendant, or, in default of such offer, in the custody of a responsible person appointed by the Sheriff or other officer making the

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   692.   If the defendant is absent from Saint Lucia, or conceals himself or herself so as to prevent the service of the writ of attachment, the Court, or Judge, upon proof of the fact by one credible witness, may dispense with the service, and order the defendant to be summoned in the manner provided in article 66, or may order substituted service.

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   693.   A defendant whose effects have been seized may get them restored to him or her by the Sheriff at any time within the period allowed for appearance:

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      1.     by depositing with the Sheriff, or other officer charged with the writ, the amount endorsed on the writ and costs upon a receivable order; or

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      2.     by giving the Sheriff, or other officer charged with the writ, who is bound to accept them, good and sufficient sureties, who justify under oath to the amount endorsed upon the writ with interest and costs, that he or she will satisfy the judgment that may be rendered.

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   In default of his or her doing so within the specified delay the effects remain under seizure to satisfy the judgment, unless the Court or Judge orders otherwise.

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   694.   Simple attachment may be contested in the same manner as writs of capias.