12-1331. Claim of property levied upon; bond A. When a sheriff or other officer levies a writ of execution, attachment, replevin or similar writ upon personal property and such property or any part thereof is claimed by a person who is not a party to the writ, such person may present a written claim thereto, […]
12-1332. Conditions of bond The bond shall be conditioned that if the person making the claim fails to establish his right to the property, he will return it to the officer in as good condition as he received it and will pay the reasonable value of the use, hire, increase and profits thereof from the […]
12-1333. Delivery of property to claimant; return of claim and bond A. The officer receiving the claim and bond shall deliver the property so claimed to the person claiming it. B. If the writ under which the levy is made is issued by a justice of the peace or court of the county where the […]
12-1334. Endorsement on writ and return The officer taking the bond shall endorse on the original writ that the claim has been made and bond given, stating by whom, the names of the sureties and to what justice or court the bond has been returned, and he shall forthwith return the original writ to the […]
12-1335. Jurisdiction of trial; docketing of action A. When the assessed value of the property does not exceed two hundred dollars, the writ shall be returned to a justice of the peace for trial. When the assessed value is more than two hundred dollars the claim and bond shall be returned for trial to the […]
12-1336. Direction of issue Within twenty days after docketing the matter, the court shall direct that an issue be made up in writing between the parties and tried as in other cases. The issue shall consist of a brief statement of the authority and right by which plaintiff seeks to subject the property levied on […]
12-1337. Judgment by default A. If plaintiff appears and defendant fails to appear or neglects or refuses to join issue within such time as the court prescribes, plaintiff shall be given judgment by default. B. If defendant appears and plaintiff fails to appear or neglects or refuses to tender issues within such time as the […]
12-1338. Trial and burden of proof A. The proceedings on the trial shall be as in other cases before such courts, as nearly as practicable. B. If the property was taken from possession of the claimant, the burden of proof shall be on plaintiff. If it was taken from possession of defendant in the writ […]
12-1339. Judgment; limitation on time for issuance of execution A. If claimant fails to establish his right, judgment shall be given against him and his sureties for the value of the property, with legal interest thereon from the date of the bond and for ten per cent damages. When the value is greater than the […]
12-1340. Satisfaction of judgment by claimant If within ten days from the giving of judgment against claimant, he returns the property in as good condition as he received it, and pays interest, damages and costs, such delivery and payment shall operate as satisfaction of the judgment.
12-1341. Release of officer; other levies A. A claim made to property under this article shall operate as a release of all damages by claimant against the officer who levied upon the property. B. Proceedings for the trial of the right of property shall not prevent plaintiff in the writ from having a levy made […]
