US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 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 […]

§ 16-19-1005. 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 […]

§ 16-19-1006. 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, […]

§ 16-19-1007. Remedy of claimant of property levied upon

No trial of the right to any property levied upon by a constable or justice of the peace shall be had before the constable. However, this section shall not bar the claimant of the property of his right to bring replevin therefor in the court having jurisdiction to try the action.

§ 16-19-1008. Sale of goods and chattels levied upon — Notice

(a) The constable, after taking goods and chattels into his custody, by virtue of an execution, shall without delay give public notice by at least three (3) advertisements posted in three (3) public places in the township, of the time when and place where they will be exposed to sale. The notice shall describe the […]

§ 16-19-1009. Return of execution

The constable shall return the execution and have the money before the justice of the peace at the time of making the return, ready to be paid over to the persons respectively entitled to the money.

§ 16-19-1011. Suing out execution in circuit court — Procedure — Effect

(a) (1) Every justice of the peace, on the demand of any person in whose favor he has rendered judgment for more than ten dollars ($10.00), exclusive of costs, shall, upon payment of costs thereon, give to that person a certified copy of the judgment. (2) The clerk of the circuit court of the same […]