§ 16-66-101. Execution issued on final judgment order
An execution may issue on any final judgment order of a court of record, in personam, for a liquidated sum of money and for interest and costs, or for costs alone.
§ 16-66-102. Execution on registered judgment from another county
The circuit court of any county in this state in which a judgment rendered by a court of competent jurisdiction in another county of this state has been registered in accordance with the provisions of § 16-65-117(a)-(c) shall have power to issue writs of execution upon any such judgment.
§ 16-66-103. Execution may issue until collection barred
An execution may be issued upon a judgment at any time until the collection of it is barred by the statute of limitations, although no execution may have been previously issued within a year and a day.
§ 16-66-104. Procedure in issuing writs of execution
(a) Form — In General. The form of a writ of execution may be in substance as follows: (b) Form — Variances. The form of the writ of execution in subsection (a) of this section may be varied to suit each particular case. (c) Notice to Defendant. Upon application for a writ of execution by […]
§ 16-66-105. Debt, damages, and costs endorsed on execution
Every clerk of the courts of record in this state shall endorse upon every execution issued by him or her the debt, damages, and costs to be recovered before delivery of the execution to the officer by whom it is to be executed.
§ 16-66-106. Joint execution when judgment against several
On a judgment or decree against several, the execution must be joint.
§ 16-66-107. Death of one or more plaintiffs
(a) The death of one (1) or all the plaintiffs shall not prevent an execution being issued thereon. However, on such execution, the clerk shall endorse the death of such of them as are dead and, if all the plaintiffs are dead, the names of the personal representative or last survivor if the judgment passed […]
§ 16-66-108. Death of part of defendants
The death of part only of the defendants shall not prevent execution being issued which, however, shall operate alone on the survivors and their property.
§ 16-66-109. Executions directed to any county without court order
Executions issued upon any judgment, order, or decree rendered in any court of record may be directed to and executed in any county in this state without first procuring an order of the court for that purpose.
§ 16-66-110. Endorsement of sheriff
Every sheriff or other officer to whom any execution may be delivered shall endorse thereon the hour, day of the month, and year when it came to his or her hands.
§ 16-66-111. Priority of writs
If two (2) or more writs of execution come to the hands of the sheriff or another officer to whom execution may be delivered on the same day, the writ of execution which he or she first received shall have priority over the others and shall be executed accordingly.
§ 16-66-112. Time execution attaches as lien
An execution shall be a lien on the property in any goods or chattels, or the rights or shares in any stock, or on any real estate, to which the lien of the judgment, order, or decree extends or has been determined, from the time the writ shall be delivered to the officer in the […]
§ 16-66-113. Alias execution
(a) If an execution is issued and the plaintiff desires to take out another at his or her own proper costs, the clerk may issue the execution, though the previous execution has not been returned. (b) If an execution is returned, in whole or in part, not satisfied, a new one may issue.
§ 16-66-114. Execution against corporations — Attachment
(a) The first process upon a judgment against any private corporation shall be a fieri facias, which the sheriff or other officer shall levy on the moneys, goods and chattels, and lands and tenements of the corporation, and upon which he or she shall proceed as in other cases. (b) If the sheriff or other […]
§ 16-66-115. Abstract of execution
(a) The clerk shall keep a well-bound book in which he or she shall enter an abstract of all executions issued by him or her or out of his or her office, showing: (1) The date of the execution; (2) The names of the parties; (3) The amount of debt; (4) Damages; (5) Costs; (6) […]
§ 16-66-116. Conveyances by commissioners
(a) Real property may be conveyed by a commissioner appointed by the court when: (1) By the judgment in an action, a party is ordered to convey that property to another; or (2) That property has been sold under a judgment or order of the court and the purchase money paid. (b) The deed of […]
§ 16-66-117. Bonds in executions and judicial sales
(a) Every bond taken on the sale of property under an order or decree in equity or on the sale of property under execution, and every stay bond and forthcoming bond shall be signed by the principal and sureties and attested by the person taking the bond or someone in his or her presence. (b) […]
§ 16-66-118. Defaults of officers
(a) Each officer to whom any execution is delivered shall be liable and bound to pay the whole amount of money specified in or endorsed on the execution and directed to be levied if he or she willfully: (1) Neglects or refuses to execute or levy the execution according to law; (2) Takes in execution […]
§ 16-66-119. Immunity of law enforcement officers
Any sheriff or other law enforcement officer acting reasonably, in good faith, and not in violation of clearly established law, and exercising due care while serving and executing writs of execution shall have immunity from suit and civil liability and shall not be liable for any civil damages for acts performed in the official performance […]