CHAPTER 13 - EXECUTIONS AND JUDICIAL SALES
- ARTICLE 1 - GENERAL PROVISIONS
- § 9-13-1 - Entry and signing of judgment prerequisite to execution
- § 9-13-10 - Issuance of execution; to whom directed; on what property levied
- § 9-13-11 - Direction, levy, service, and return of execution where sheriff a party
- § 9-13-12 - Entry of levy on process
- § 9-13-13 - Written notice of levy on land
- § 9-13-14 - Bonds taken by executing officers valid; rights of plaintiffs not affected
- § 9-13-15 - Measure of damages on forthcoming bond
- § 9-13-16 - Penalty for fraudulent levy
- § 9-13-2 - Execution suspended by appeal
- § 9-13-3 - Execution to follow judgment
- § 9-13-4 - Judge may frame executions
- § 9-13-5 - Amendment of execution -- To conform to judgment or time of return
- § 9-13-6 - Amendment of execution -- To conform to amended judgment
- § 9-13-7 - Amendment of execution -- To correct mistake in issuance; alias execution
- § 9-13-8 - Issuance of alias execution to replace lost original
- § 9-13-9 - When execution returnable
- ARTICLE 2 - PARTIES IN EXECUTION
- § 9-13-30 - Execution against sureties and endorsers
- § 9-13-31 - Execution against principal and his surety on appeal
- § 9-13-32 - Execution following death of defendant
- § 9-13-33 - Executions using partnership name valid
- § 9-13-34 - Right to transfer execution; status of transferee
- § 9-13-35 - Effect of transfer by attorney; ratification
- § 9-13-36 - Transfer of execution upon payment; status of transferee; recording necessary to preserve lien; exception for tax executions
- ARTICLE 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED
- § 9-13-50 - Designation by defendant of property to be levied on; when sheriff bound thereby
- § 9-13-51 - Sale of property subject to lien; order of application to payment
- § 9-13-52 - When sheriff may levy on and sell land outside county
- § 9-13-53 - When constable may levy on land; sale by sheriff
- § 9-13-54 - When growing crop levied on and sold
- § 9-13-55 - Seizure prerequisite to sale of personalty
- § 9-13-56 - Future interests in personalty
- § 9-13-57 - Choses in action
- § 9-13-58 - Corporation's disclosure of worth of defendant's shares mandated; refusal treated as contempt
- § 9-13-59 - What property liable to execution in action against joint contractors or partners where not all served
- § 9-13-60 - Taking up of debt to give defendant legal title to property; notice of levy and sale; application of proceeds
- ARTICLE 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION
- § 9-13-70 - Suspension of execution for 60 days pending payment; bond
- § 9-13-71 - Sufficient levy on personalty prima-facie satisfaction; effect of dismissal
- § 9-13-72 - Release of property subject to execution
- § 9-13-73 - Application of fund to younger lien with senior lienholder's consent
- § 9-13-74 - Release by agreement
- § 9-13-75 - Setoff of judgments; collection of balance
- § 9-13-76 - Execution by defendant after setoff
- § 9-13-77 - Control of execution after payment -- By security
- § 9-13-78 - Control of execution after payment -- By joint debtor
- § 9-13-79 - Partial payments to be entered
- § 9-13-80 - Execution to be canceled when satisfied; private right of action; damages
- ARTICLE 5 - CLAIMS
- § 9-13-100 - Claim to be tried by jury
- § 9-13-101 - Additional oath of jurors; damages and costs where claim made for delay
- § 9-13-102 - Burden of proof
- § 9-13-103 - Withdrawal or discontinuance of claim limited
- § 9-13-104 - Trial of damage issue where claim dismissed or withdrawn
- § 9-13-105 - How damages assessed
- § 9-13-106 - Withdrawal of original execution and filing of copy
- § 9-13-90 - Claims authorized; to be on oath
- § 9-13-91 - Bond and security for damages; how damages determined
- § 9-13-92 - Affidavit of indigence
- § 9-13-93 - Postponement of sale
- § 9-13-94 - Forthcoming bond for possession of property; amount and condition; not authorized for realty; when and where recoverable
- § 9-13-95 - Execution of affidavit and bond by partner or joint owner
- § 9-13-96 - When plaintiff in execution may give forthcoming bond
- § 9-13-97 - Sale of property on claimants' application; order; advertisement; disposition of proceeds
- § 9-13-98 - When and where claim, levy, and execution to be returned
- § 9-13-99 - Return of claim or illegality against execution from probate court
- ARTICLE 6 - ILLEGALITY
- § 9-13-120 - Affidavit of illegality -- When authorized; bond and security
- § 9-13-121 - Affidavit of illegality -- To show lack of service; not available to go behind judgment
- § 9-13-122 - Affidavit of illegality -- Not available for excessive levy generally
- § 9-13-123 - Affidavit of illegality -- By whom filed
- § 9-13-124 - Affidavit of illegality -- When received
- § 9-13-125 - Affidavit of illegality -- When and how amendable
- § 9-13-126 - Amount and condition of forthcoming bond
- § 9-13-127 - Suspension of execution; return of execution, affidavit, and bond; determination by court; issue tried by jury
- § 9-13-128 - Damages for delay; upon trial or following dismissal or withdrawal
- § 9-13-129 - Property subject to other executions; retention of sale proceeds to satisfy first execution; release of bond pro tanto
- ARTICLE 7 - JUDICIAL SALES