811.19.Hearing on motion to vacate or modify.

Once a defendant moves to vacate or modify a writ of attachment under section 811.18, section 811.19 sets the procedure for deciding it. The court must hear the motion forthwith — without the delay an ordinary motion might face — reflecting how much is at stake for a defendant whose property is tied up by attachment.

The section also assigns the burden of proof: on the motion, it rests with the plaintiff, not the defendant. Because the plaintiff sought the attachment in the first place, the plaintiff has to justify keeping it in place rather than making the defendant disprove the grounds for it.

The section extends this same right to a particular group of people beyond the original defendant. If the defendant has made an assignment for the benefit of creditors, the assignees may move to vacate or modify the writ in the same manner the defendant could — recognizing that once the defendant has assigned their assets, the assignees are the ones with a real stake in whether the attachment stands.