The sole question presented in this appeal is whether it was error fоr the trial court to grant the plaintiff’s application for a prejudgment remedy. The defendant Ducci Electric Company, Inc. (hereinаfter Ducci) attacks the court’s action because it asserts thаt there were no facts to support a conclusion that Ducci might be liable to the plaintiff in the amount of $51,839.46, and that the attachment was therefore granted without probable cause, contrary to statute.
This controversy arises from a letter whereby Ducci purportеdly agreed to pay for goods sold to the defendant Harris Electriс Supply, Inc. (hereinafter Harris) pursuant to certain purchase orders submitted to it by Ducci. When Harris defaulted on its payment to the plaintiff this action was instituted against both defendants. The plaintiff applied for a prejudgment remedy against Ducci for the *525 entire amount it claimed wаs owed by Harris. After a hearing the court granted the prejudgment remedy in thе amount requested, and Ducci appealed.
The remedy of аttaching and securing a defendant’s property to satisfy a judgment which thе plaintiff may recover is unknown to the common law and is founded on аnd regulated by our statutory law.
Ledgebrook Condominium Assn., Inc.
v.
Lusk Corporation,
Facts enabling the court to establish the amount of damages involved must be alleged in such an affidavit. Led gebrook Condominium Assn., Inc. v. Lusk Corporation, supra, 585. The plaintiff’s affiant 1 stated that Ducсi issued a letter of guarantee to the plaintiff, that Harris failed to рay the amount *526 it owed and that that amount totaled $51,839.46. The affiant nowhere stated that the entire amount of the Harris debt was guaranteed by Duсci. On the contrary, at the hearing the plaintiff’s own witness, responding to quеstioning by the court, testified that $51,839.46 was the sum total of the amounts Harris owed the plaintiff. This statement, coupled with the witness’ prior testimony that Harris owеd the plaintiff for transactions unrelated to the material ordered for Ducci, establishes that Ducci did not owe the plaintiff the entire amount demanded in the plaintiff’s complaint. Because the plaintiff fаiled to establish the amount Dueci would be liable for were the plаintiff to secure a judgment, it did not sufficiently comply with the probable cause requirements of § 52-278c (A) (b), and the court erred in granting the prejudgment remedy. Ledgebrook Condominium Assn., Inc. v. Lusk Corporation, supra.
There is error, the judgment granting the application for prejudgment remedy is set aside and the case is remanded for further proceеdings according to law.
Notes
“AFFIDAVIT IN SUPPORT OP P.J.R. APPLICATION
T, the undersigned, do make affidavit and say that there is probable cause to sustain the validity of the Plaintiff’s claim and . . .
2. That there is reasonable likelihood that the defendant:
(a through f not filled out at all)
I base this upon the following Statement of Pacts: I am the Treasurer of the Plаintiff, am more than 18 years of ago and believe in the obligation of oath; the Defendant issued a letter of guarantee *526 to the Plaintiff on whiсh there is a default by the Defendant-Ducei and the beneficiary of said guarantee, whereby Plaintiff is owed $51,839.46.
B. VanGheluwe
Subscribed and sworn to before me this 16th day of August, 1979.
Donald Mossberg,
Notary Public”
