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38-4-21 |
Ch. 38 — LIENS |
Executions |
Adjournment of Sale Under Execution |
When for any cause the sale is not completed on the day appointed therefor, it may be adjourned from day to day until it shall be completed. |
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38-4-22 |
Ch. 38 — LIENS |
Executions |
Appraisal |
If, before any such sale is made, the judgment debtor, his agent or attorney, or in their absence, his or her spouse, so desires, the property to be sold shall … |
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38-4-23 |
Ch. 38 — LIENS |
Executions |
Method and Terms of Sale |
The property appraised under the provisions of the preceding section shall be sold by the officer in separate items, or in parcels, or as a whole, whichever met… |
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38-4-24 |
Ch. 38 — LIENS |
Executions |
Payments on Notes |
All moneys paid in to the officer, on any note taken under the preceding section, shall be regarded as so much do money received by him on the execution, order … |
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38-4-25 |
Ch. 38 — LIENS |
Executions |
Judgment on Purchase Money Notes |
If any note so taken be not paid to the officer when due, he shall indorse thereon any payments made to him and return it to the office of the clerk of the cour… |
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38-4-26 |
Ch. 38 — LIENS |
Executions |
Form of Judgment on Notes |
The judgment entered by the clerk under the provisions of the preceding section shall be in the following form or to the following effect:
{{FIGURE type=form p… |
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38-4-27 |
Ch. 38 — LIENS |
Executions |
Disposition of Surplus by Officer |
Where an officer has received money under excution, if any surplus remain in his hands after satisfying the execution, such surplus shall be paid to the debtor;… |
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38-4-28 |
Ch. 38 — LIENS |
Executions |
Liability of Officer for Money Received Under Execution |
No officer, receiving money under execution, when the person to whom it is payable resides in a different county from that in which the officer resides, shall b… |
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38-4-29 |
Ch. 38 — LIENS |
Executions |
Successive Executions |
Subject to the limitations prescribed by law, a party obtaining an execution may sue out other executions at his own costs, though the return day of a former ex… |
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38-4-30 |
Ch. 38 — LIENS |
Executions |
New Execution Upon Scire Facias or Motion |
When property sold under execution, or its value, is recovered from an obligor in an indemnifying bond given before such sale, or from a purchaser having a righ… |
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38-4-31 |
Ch. 38 — LIENS |
Executions |
Motion to Quash Execution |
A motion to quash an execution may, after reasonable notice to the adverse party, be heard and decided by the court whose clerk issued the execution, or by the … |
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38-4-32 |
Ch. 38 — LIENS |
Executions |
Motion for Failure to Return Execution |
A motion against an officer or his sureties, or his or their representatives, for a failure to return an execution, shall be made within ten years from the retu… |
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38-5-1 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Ascertainment by Interrogatories of Estate Upon Which Fieri Facias or Execution is a Lien, and of Real Estate to Which Judgment Debtor is Entitled |
To ascertain the estate on which a writ of fieri facias issued by any court of record, or an execution issued by a justice of the peace, is a lien, and to ascer… |
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38-5-2 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Time of Return of Summons and Appearance of Debtor |
The summons mentioned in the preceding section shall be directed to an officer of the county in which the commissioner before whom it is returnable resides, and… |
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38-5-3 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Record of Examination by Commissioner; Objections and Rulings Thereon |
Such questions and answers shall, if required by any party, be taken down in writing at the expense of the party requesting it and certified by the commissioner… |
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38-5-4 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Conveyance of Real Estate Outside the State, and Delivery or Assignment of Personal Estate to Officer |
Any real estate outside this State, to which it may appear by such examination that the execution debtor is entitled, shall be forthwith conveyed by him to the … |
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38-5-5 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Compelling a Debtor to Answer |
If any person summoned under the four preceding sections shall fail to appear and answer, or shall make any answers which are deemed by the commissioner to be e… |
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38-5-6 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Report by Commissioner |
The commissioner shall return all questions and answers taken down in writing before or filed with him and shall report all of the proceedings under the precedi… |
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38-5-7 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Disposition of Property |
The court to which the commissioner returns his report, as required by the preceding section, may make any order it may deem right as to the sale and proper app… |
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38-5-8 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Sale of Real Estate |
Real estate conveyed to an officer under this article shall, unless such court direct otherwise, be sold, after giving at least thirty days’ notice, by posting … |
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38-5-9 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Disposition of Personal Property and Collection of Debts |
An officer to whom there is a delivery under this article, when the delivery is of personal property which is subject to levy under the provisions of section si… |
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38-5-10 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Suggestion on Judgment; Summons Against Person Suggested |
Upon a suggestion by the judgment creditor that some person is indebted or liable to the judgment debtor or has in his possession or under his control personal … |
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38-5-11 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Officer’s Return |
The officer serving such summons upon a person suggested shall make a return of the time and manner of service on each person suggested. |
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38-5-12 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Discharge of Liability of Person Suggested |
If the debt or liability of the person suggested to the judgment debtor for the money or property owed or held by such person be evidenced by a negotiable instr… |
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38-5-13 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Answer of Person Suggested |
The answer of the person suggested shall state, in addition to the matters required to be disclosed by the summons mentioned in section ten of this article, whe… |
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38-5-14 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Discharge of Person Suggested by Payment of Money or Delivery of Property |
A person suggested may, at any time before the return day of the summons mentioned in section ten of this article, deliver the property or pay the money for whi… |
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38-5-15 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Order for Payment by Person Suggested |
If it appear from the answer of the person suggested that, at the time the writ of fieri facias was delivered to the officer to be executed, or thereafter, and … |
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38-5-16 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Effect of Order as Judgment |
An order made against a person suggested shall have the effect of a judgment, and may be enforced in the same manner as any other judgment. |
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38-5-17 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Failure of Person Suggested to Answer |
If any person suggested, summoned as provided in this article, fail to answer, the court may either compel him to answer, or hear proof of the matters required … |
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38-5-18 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Jury Trial in Suggestion Proceeding; Waiver of Jury; Costs |
When it is suggested by the judgment creditor in any case of suggestion that the person suggested has not fully disclosed the debts or liabilities due by him to… |
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38-5-19 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Return by Officer as to Moneys Received in Suggestion Proceedings |
An officer receiving money in a suggestion proceeding shall, within thirty days after receiving it, make return thereof to the court or to the clerk’s office of… |
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38-5-20 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Suit for Recovery of Property Subject to Lien |
For the recovery of any personal property or any claim on which a writ of fieri facias or an execution is a lien under this article, or the enforcement of any l… |
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38-5-21 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Form of Judgment for Money in Suit to Enforce Execution; Receipt |
The judgment or decree for money recovered in any suit brought under the provisions of the preceding section shall be in favor of the judgment creditor to the a… |
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38-5-22 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Disposition of Leviable Property Recovered in Suit |
If property which is capable to of being levied on under an execution is recovered in any suit brought under the provisions of section twenty of this article or… |
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38-5-23 |
Ch. 38 — LIENS |
Proceedings in Aid of Execution; Interrogatories; Suggestion |
Additional Executions |
Although a judgment creditor avail himself of the proceeding in suggestion, or of the proceeding provided by sections one and twenty of this article, he may nev… |
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38-6-1 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Bond to Indemnify Officer Making Levy |
If any officer levy or is required to levy an execution or a warrant of distress on property, and a doubt shall arise whether such property is liable to such le… |
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38-6-2 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Effect of Giving, or of Refusal to Give, Bond |
If such bond be not given within a reasonable time after such notice, the officer may refuse to levy on such property, or may, if he has already levied, restore… |
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38-6-3 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Suspending Bond; Claimant’s Title Settled |
But the sale of any such property shall be suspended at the instance of any claimant thereof, who shall deliver to the officer bond with good security in a pena… |
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38-6-4 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Procedure for Determination of Conflicting Claims to Property Levied on |
When property of the value of more than fifty dollars is taken under a warrant of distress, or when property of any value is taken under an execution issued by … |
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38-6-5 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Order of Sale |
In such case as is mentioned in the preceding section, the court, or the judge thereof in vacation, where no bond is given for the forthcoming of the property, … |
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38-6-6 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Disposition of Surplus Proceeds |
When property, the sale of which is indemnified, sells for more than enough to satisfy the execution or distress warrant under which it is taken, the surplus sh… |
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38-6-7 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Forthcoming Bonds |
The sheriff or other officer levying a writ of fieri facias or distress warrant on property of the debtor, or on property the sale of which is suspended at the … |
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38-6-8 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Sale of Perishable Property, or Property Expensive to Keep |
Notwithstanding such forthcoming bond as is mentioned in the preceding section be given, if such property be expensive to keep or perishable, the court in which… |
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38-6-9 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Levy on Property Not Mentioned in Forthcoming Bond |
If the property levied upon as aforesaid be not sufficient to pay the plaintiff’s debt, interest and costs, and the fees and commissions of the officer, the exe… |
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38-6-10 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Enforcement of Forthcoming Bond |
If the property, or any of it, mentioned in the forthcoming bond be not delivered as therein provided, the officer, unless payment be made of the amount due on … |
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38-6-11 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Action or Motion on Bond; Enforcement of Original Judgment |
The person signing such forfeited forthcoming bond shall be liable for the true value of the property therein mentioned, and not delivered as aforesaid, with in… |
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38-6-12 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Defenses to Bond Taken Under Distress Warrant |
In an action or motion on such bond, when it is taken under a distress warrant, the defendants may make defense on the ground that the distress was for rent not… |
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38-6-13 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Remedies on Quashing of Bond |
If any such forthcoming bond be at any time quashed, the obligee, besides his remedy against the officer, may have such execution on his judgment or issue such … |
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38-6-14 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Forthcoming Bond Forbidden in Certain Cases |
No bond for the delivery of property shall be taken on an execution on a forthcoming bond, nor on an execution on a judgment against a sheriff or other officer,… |
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38-6-15 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Indorsement Forbidding Forthcoming Bond |
On every execution on which such bond is prohibited from being given, the indorsement ‘‘no forthcoming bond is to be taken” shall be made by the clerk. |
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