§ 16-66-411. Sale of lands subject to prior liens
(a) A sale of lands under a junior judgment shall pass the title of the defendant, subject to the lien of all prior judgments and decrees then in force. (b) The money arising from the sale of lands under a junior judgment shall be applied to the payment of the judgment under which it may […]
§ 16-66-412. Sale of corporate stock — Certificates of purchase
(a) Shares or stock levied upon or seized shall be sold by the officer in the same manner as other personal property is sold under the writ by virtue of which the levy is made. The officer making the sale shall execute and deliver to the purchaser a certificate, which certificate may be in the […]
§ 16-66-413. Sale on credit
(a) (1) In all cases where the right to stay the execution exists and is not exercised, sales under the execution shall be on a credit of three (3) months, upon the purchaser’s giving bond and good security to the plaintiff in the execution for the payment of the sale money, bearing interest from date. […]
§ 16-66-414. Default of bidder
(a) If any person refuses to pay the amount bid for any property struck off to him or her, the officer making the sale may again sell the property to the highest bidder. If any loss is occasioned, the officer may recover the loss by motion before any court or justice of the peace, if […]
§ 16-66-304. Sale of personal property suspended upon giving bond
(a) The sale of personal property upon which an execution is levied shall be suspended at the instance of any person, other than the defendant in the execution, claiming the property, who shall execute with one (1) or more sureties a bond to the plaintiff in the execution, sufficient for double the property’s value to […]
§ 16-66-415. Officers not to bid at sale
No officer to whom any execution may be directed, any of his or her deputies, or any person for them shall purchase any goods and chattels, real estate, or other effects at any sale made by virtue of any such execution. All purchases so made shall be void.
§ 16-66-305. Waiver of right of stay
An agreement to waive the right of stay, or any other legal agreement in relation to any judgment or decree, entered on the record among the orders of court, shall be specifically enforced. In such case, the proper endorsement shall be entered upon the execution by the clerk or justice.
§ 16-66-416. Return of execution
(a) All executions shall be returnable within ninety (90) days from their date. (b) (1) If an execution is satisfied, the officer may return thereon in substance, “satisfied”, unless it is by the sale of the property, then that fact must be stated. (2) If satisfied in part, he or she must state what part […]
§ 16-66-401. Selection of property to be sold — Levy
The person against whom any execution may be issued may select what property, real or personal, shall be sold to satisfy the execution. If he or she gives to the officer a list of the property selected, sufficient to satisfy the execution, the officer shall levy upon that property and no other, if it is […]
§ 16-66-417. Executions from court with similar jurisdiction to justice of the peace — Land exempt — Procedure when returned unsatisfied
(a) Land shall not be levied on or sold under execution from a justice of the peace’s court or any court of similar jurisdiction. (b) When an execution on a judgment of a court of similar jurisdiction to the justice of the peace courts has been returned by a constable or other officer, either as […]