Section 21-17A-25 – Findings and order of court on hearing–Costs taxed–Damages assessed at trial.
21-17A-25. Findings and order of court on hearing–Costs taxed–Damages assessed at trial. If the court finds for the defendant on a motion pursuant to §21-17A-20, the judge presiding shall tax the defendant’s costs for the hearing, and an order shall be entered dismissing the writ or that the property attached be delivered to the defendant; […]
Section 21-17A-26 – Judgment for damages to defendant.
21-17A-26. Judgment for damages to defendant. If the defendant prevails in the action or if the action is discontinued, he shall have judgment for the damages sustained by him for any damages to his property by reason of the taking and detention or sale. Source: SL 1983, ch 168, §26.
Section 21-17A-27 – Delivery of property on judgment for defendant–Action on plaintiff’s bond.
21-17A-27. Delivery of property on judgment for defendant–Action on plaintiff’s bond. If the defendant recovers judgment, all the money or property held by any writ of attachment shall be delivered to him, subject to the plaintiff’s rights on appeal, and he may maintain an action on the plaintiff’s bond for the assessed damages sustained by […]
Section 21-17A-28 – Satisfaction of judgment for plaintiff–Delivery of remaining property.
21-17A-28. Satisfaction of judgment for plaintiff–Delivery of remaining property. If a plaintiff recovers judgment in the action, the sheriff or constable shall satisfy the same out of the property attached, if sufficient therefor: (1)By paying all money attached or received on sales of property, or on any debts or credits, or so much thereof as […]
Section 21-17A-15 – Sale of attached property–Grounds–Proceeds held in lieu of property.
21-17A-15. Sale of attached property–Grounds–Proceeds held in lieu of property. If any property taken on a writ of attachment is likely to depreciate in value before the end of the action or if the keeping thereof could cause much loss or expense, the court or a judge may order it sold in such manner as […]
Section 21-17A-16 – Keeping of property by officer–Collections–Legal proceedings.
21-17A-16. Keeping of property by officer–Collections–Legal proceedings. The sheriff or constable shall keep the property seized by him and the proceeds of such as shall have been sold to answer any judgment which may be recovered in such action; and shall, subject to the direction of the court or judge, collect and receive into his […]
Section 21-17A-17 – Defendant’s bond for release from attachment–Justification of sureties.
21-17A-17. Defendant’s bond for release from attachment–Justification of sureties. The defendant may, at any time before judgment, deliver to the sheriff or constable who attached his property a corporate surety bond or a bond executed by two sureties, to the effect that they shall, on demand, pay to the plaintiff the amount of the judgment, […]
Section 21-17A-18 – Copy of defendant’s bond to plaintiff–Objection to sureties–Responsibility of officer.
21-17A-18. Copy of defendant’s bond to plaintiff–Objection to sureties–Responsibility of officer. The sheriff or constable shall without delay give the plaintiff a copy of the bond received pursuant to §21-17A-17 with notice of the time when the same was delivered to him. The plaintiff shall, within three days thereafter, give notice to the sheriff or […]
Section 21-17A-8 – Additional security–Application by defendant–Joint sureties.
21-17A-8. Additional security–Application by defendant–Joint sureties. If a defendant is not satisfied with the amount specified in the bond or with the surety he may, upon five days’ notice to the plaintiff, apply to a judge for additional security. The judge may require the plaintiff to give and file another bond, to be approved by […]
Section 21-17A-9 – Return–Papers filed–Time allowed.
21-17A-9. Return–Papers filed–Time allowed. The sheriff or constable executing the writ shall return thereon all his proceedings and shall file the writ, affidavit and bond with the clerk of the court within ten days from receipt of the bond. Source: SL 1983, ch 168, §9.