§ 25-1050.Attachment; claims not due; procedure; affidavit required.

Section 25-1049 lets a creditor act before a debt is due, but that type of early attachment demands more proof up front than an ordinary attachment. Section 25-1050 spells out exactly what has to be shown. The attachment can be granted by the court where the action is brought, by a judge of that court, or by the county judge of the county — but only after the creditor presents an affidavit or affidavits laying the groundwork first.

Those affidavits cannot rest on hearsay or general belief. They have to be based on personal knowledge and state specific facts demonstrating five distinct things: that the plaintiff will have a valid cause of action against the defendant once the claim becomes due; the date the claim will become due; the amount of the claim; a description of the existence and approximate value of any of the defendant’s property known to the plaintiff to be within the court’s jurisdiction and not exempt from attachment; and the existence of one of the grounds for attachment listed in § 25-1049.

This is a demanding checklist by design. Because the debt is not even due yet, the law asks the creditor to show, with real specificity, that the claim is genuine, that it has a definite maturity date and amount, that there is identifiable property to attach, and that one of the fraud-related grounds in § 25-1049 applies. General suspicion that a debtor might be moving assets is not enough on its own.