§ 16-19-1001. Issuance generally
(a) Upon every judgment rendered by a justice of the peace, execution shall be issued by the justice of the peace in the manner prescribed in this subchapter, at any time on demand, unless the execution has been stayed. (b) The execution shall be directed to any constable of the county. (c) The execution must […]
§ 16-19-1002. Issuance of execution — Time limitations
Executions for the enforcement of judgments in a justice of the peace court, except when filed in the clerk’s office of the circuit court of the county in which the judgment was rendered, may be issued by the justice of the peace before whom judgment was rendered on the application of the party entitled thereto […]
§ 16-19-1003. Execution by other than regular justice
(a) Whenever a justice of the peace in any township in any county in this state, before whom a judgment has been obtained and upon whose docket the judgment appears against any person or persons, is absent from his office so that he cannot be found or has resigned or died and no successor been […]
§ 16-19-705. Setting aside judgment by default or dismissal for want of prosecution
A judgment of dismissal for want of prosecution, or judgment by default, may be set aside by the justice at any time within ten (10) days after being rendered if the party applying therefor can show a satisfactory excuse for his default, and a meritorious cause of action or meritorious defense. Upon such a showing […]
§ 16-19-1004. Issuance against goods and chattels — Real estate exempt
(a) The execution shall be against the goods and chattels of the person against whom the execution is issued. (b) No real estate shall be levied upon or sold by virtue of any execution issued from a justice of the peace court.
§ 16-19-706. Compromises — Confession of judgment
(a) After an action for the recovery of money is brought in a justice of the peace court, the defendant may offer to compromise or to confess judgment in the manner prescribed for, and with the same effect as he could or might do, in the circuit court, and shall be entitled to all the […]
§ 16-19-1005. Levy outside of township
In case the defendant resides outside of the township where the judgment was rendered, or does not have sufficient goods and chattels therein to satisfy the judgment, the constable to whom the execution is directed may levy the execution upon the goods and chattels of the defendant in any township in the county where the […]
§ 16-19-801. Mutual judgments
(a) Mutual judgments between the same parties rendered by the same or different justices of the peace may be set off against each other. (b) When judgments are rendered by the same court, the justice shall strike the balance as it appears from the judgments on his docket and shall issue executions therefor in favor […]
§ 16-19-1006. Renewal of execution upon return unsatisfied
(a) On executions issued and returned not satisfied, it shall be the duty of the justice of the peace to renew all such executions by endorsing the renewal on such executions to that effect, signed by him and dated when the renewal is made. (b) Every such endorsement shall renew the execution in full force, […]
§ 16-19-802. Remittitur
If any sum is found in favor of a party, either by verdict of a jury or upon a hearing of the cause before a justice, exceeding the sum for which the justice is authorized to give judgment, the party may remit and release the excess and take judgment for the residue, but shall never […]