Section 16-110-124 - Defendant's answer by affidavit

(a) The defendant may file his or her affidavit denying all or any of the material statements of the affidavit upon which the attachment is issued. Thereupon, the attachment shall be considered as controverted and the affidavits of the plaintiff and defendant shall be regarded as the pleadings in the attachment and have no other effect.(b) Where the attachment was obtained at the commencement of an action, the defendant may file his or her affidavit at such time after the levy of the attachment as is given by the Code of Practice in Civil Cases for filing his defense, after the service of the summons. The period may be extended by the court for sufficient cause.Civil Code, § 280; C. & M. Dig., § 570; Pope's Dig., § 607; A.S.A. 1947, § 31-139.