US Lawyer Database

§ 18-60-816. Redelivery bond

(a) (1) Within two (2) days after the taking of the property by the sheriff, in the case in which the property was not taken under an execution, the defendant or anyone for him or her may cause a bond to be executed to the plaintiff in the presence of the sheriff, by one (1) […]

§ 18-60-817. Appraisement of property before taking bond

(a) Before taking any bond, upon the suggestion of either party that the value of the property is not truly stated in the order for its delivery and where the suggestion is on the part of the defendant, on his or her producing the property to the sheriff, the sheriff shall select three (3) disinterested […]

§ 18-60-818. Claim of third party to property

(a) (1) If a person other than the defendant or his or her agent claims the property taken by the sheriff and delivers to the sheriff his or her affidavit that he or she is entitled to the possession thereof, the sheriff shall not be bound to keep the property or deliver it to the […]

§ 18-60-819. Arrest and discharge of defendant

(a) If the property described in the order shall have been removed or concealed so that the officer cannot make delivery thereof, when the order contains a capias clause, the officer shall arrest the body of the defendant and hold him or her in custody in the same manner as on a capias ad respondendum […]

§ 18-60-820. Judgments generally

(a) In an action to recover the possession of personal property, judgment for the plaintiff may be for the delivery of the property, or for the value thereof in case a delivery cannot be had, and damages for the detention. (b) When the property has been delivered to the plaintiff and the defendant claims a […]

§ 18-60-821. Judgment against sureties

(a) (1) In all actions for the recovery of personal property, where the defendant has given a delivery bond as provided for by § 18-60-816, the court or jury trying the cause may render judgment against the defendant for the recovery of the property, or its value, together with all damages sustained by the detention […]

§ 18-60-822. Assessment of value and damages

In actions for recovery of specific personal property, the jury must assess the value of the property, and the damages for taking or detention, whenever, by their verdict, there will be a judgment for the recovery or return of the property.

§ 18-60-815. Disposition of property replevied

If the affidavit of the plaintiff states that the property was taken under an execution, the sheriff shall deliver it to the plaintiff. In every other case the sheriff shall retain the property in his or her possession for two (2) days, unless the bond mentioned in § 18-60-816 shall be sooner executed.

§ 18-60-801. Definitions

As used in this section and §§ 18-60-802 — 18-60-808: (1) “Order of delivery” means a “writ of replevin”; and (2) “Party” or “person” means individuals, corporations, partnerships, associations, or any entity having the legal capacity to sue or be sued.

§ 18-60-802. Existing laws not affected

This section and §§ 18-60-801 and 18-60-803 — 18-60-808 shall not repeal any existing law pertaining to the recovery of personal property by parties claiming an interest therein.