§ 16-66-403. Levy on joint or partnership property — Assertion of claim
(a) Whenever a sheriff or other officer levies an execution upon property or effects held jointly or in partnership by the debtor in the execution with others, to satisfy the separate debt of the debtor, the sheriff or other officer shall not proceed to make sale thereof, except as provided in this section if the […]
§ 16-66-404. Levy on shares or stock in corporations — Statement of shares and encumbrances
(a) Whenever an officer, having an execution or writ of attachment in his or her hands, levies on shares or stock in corporations, he or she shall make the levy or seizure by leaving a true copy of the writ with the president, secretary, cashier, or other officer, with the certificate of the officer making […]
§ 16-66-405. Indemnifying bonds
(a) (1) If an officer who levies, or is required to levy, an execution upon personal property, doubts whether it is subject to execution, he or she may give to the plaintiff therein, or his or her agent or attorney, notice that an indemnifying bond is required. (2) Bond may, thereupon, be given by or […]
§ 16-66-406. Forthcoming bond by owner — Default
(a) (1) The owner of personal estate taken in execution may give to the officer levying on the personal estate an obligation, with good surety, to have the property forthcoming at the time and place of sale, specifying in the obligation each article of property and its value. (2) The obligation may be in substance […]
§ 16-66-407. Expiration of term, death, etc., of officer after levy
(a) Where an officer has levied upon any goods and chattels, real estate, or other effects, by virtue of any execution, and the term of service of the officer expires and is terminated before or after the sale thereof, and before the purchaser has obtained a deed therefor, the officer shall nevertheless have power to […]
§ 16-66-408. Notice of sale of real and personal property — Advertisement
(a) The time and place of sale of real property upon execution, by virtue of a judgment, or order of sale, must be advertised for at least twenty (20) days, next before the day of sale by posting printed advertisements at the courthouse door and five (5) other public places in the county in which […]
§ 16-66-409. Time and method of sale
(a) All property taken in execution by any officer shall be exposed to sale on the day for which it was advertised, between the hours of 9:00 a.m. and 3:00 p.m., publicly, by auction, for ready money, and the highest bidder shall be the purchaser. (b) (1) The sale of real estate is not required […]
§ 16-66-410. Sale of real estate — Division into tracts
(a) In all sales of real estate, under execution, when the tract or tracts to be sold contain more than forty (40) acres, the real estate shall be divided as the owner or owners may direct into lots containing not more than forty (40) nor less than twenty (20) acres. The officer whose duty it […]
§ 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 […]