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The Plaintiff has requested an Attachment against the Defendants with respect to the tort case that she has brought against them. A hearing was held on this issue on April 13, 2006 with counsel appearing for all parties. At the present time there is apparently insurance coverage for some of the claims made by the Plaintiff, however some claims involve intentional torts, which would not be covered by insurance. It is for that reason that the Plaintiff requests permission to place an attachment on the Defendants' real estate.

On September 17, 2003, Ford Construction Corp. (“Ford”) commenced this action against TWG Construction Co. (“TWG”) and Wal-Mart Real Estate Business Trust (“Wal-Mart”) (collectively, “the defendants”) to recover $192,692.16 it claims is due for labor and materials it provided in connection with the construction of Wal-Mart Store #3535 (“store #3535”) in Epping, New Hampshire. That same day, Ford also filed a petition for ex parte attachment, which this court granted, seeking to attach store #3535 in the amount of $192,692.16. The defendants subsequently filed an objection to the ex parte attachment, and thereafter moved to dismiss the case for lack of jurisdiction. Ford objects. Upon review of the parties’ pleadings, the contract at issue and the applicable law, the court finds and rules as follows.

The plaintiff instituted this action seeking to recover monies owed to the plaintiff for the sale of building supplies to the defendant's company, ZLGH. Specifically, the plaintiff claims the defendant obtained a line of credit on behalf of ZLGH and personally guaranteed the amounts owed. The defendant admits that ZLGH owes at least $33,709.35 for supplies it purchased after the defendant obtained the line of credit. The defendant, however, disputes the allegation that he gave a personal guaranty for the amounts owed and claims he did not agree to personally guarantee the outstanding balance existing at the time he assumed ownership of ZLGH.