US Lawyer Database

§ 2693. When costs not allowed

§ 2693. When costs not allowed When it appears that the estate was turned out to the officer by the creditor or taken without the consent of the debtor, the creditor shall not recover costs on the former execution or on the motion. (Amended 1971, No. 185 (Adj. Sess.), § 68, eff. March 29, 1972.)

§ 2695. Defective execution on real estate; application

§ 2695. Defective execution on real estate; application Where an execution has been levied on real estate and the levy, sale, or deed is irregular, informal, or not according to law and the title derived therefrom is doubtful, within two years from the time of sale, a party interested may bring an action in the […]

§ 2696. Levy valid if affirmed or action not brought

§ 2696. Levy valid if affirmed or action not brought When the action is not brought within the time limited or if on hearing the presiding judge decides that the proceedings on execution were legally sufficient, a levy, sale, and deed shall be valid to convey the right, title, or interest that the judgment debtor […]

§ 2697. Costs

§ 2697. Costs Costs may be taxed for either party on the action. (Amended 1971, No. 185 (Adj. Sess.), § 72, eff. March 29, 1972.)

§ 2731. Levy on personal property

§ 2731. Levy on personal property When the execution with costs is not paid on demand the officer shall levy the same upon the goods or chattels of the debtor or such as are shown him or her by the creditor, and the same shall be safely kept by the officer at the debtor’s expense, […]

§ 2732. Goods, effects, and credits held by third person

§ 2732. Goods, effects, and credits held by third person On request of the judgment creditor, the clerk of the court granting judgment shall issue to the officer holding the execution a summons as trustee to a third person having in his or her hands goods, effects, or credits, other than earnings, of the debtor […]

§ 2733. Advertisement

§ 2733. Advertisement (a) The officer shall forthwith advertise the goods or chattels so taken by posting at a public place in the town where they were taken a notice enumerating them and stating the time when the same will be sold at public auction at such public place, which time shall not be less […]

§ 2734. Sale

§ 2734. Sale When the debtor does not satisfy the execution with costs and charges thereon before the time of sale, the officer shall, at the time and place appointed, sell the same, or a part thereof sufficient to satisfy the execution with the costs and charges thereon, at public auction to the highest bidder.

§ 2735. Application of proceeds

§ 2735. Application of proceeds The monies arising from such sales shall be applied to the payment of the charges and the satisfaction of the execution. The officer shall pay on demand the residue, if any, to the debtor.

§ 2736. Penalty for not paying to creditor

§ 2736. Penalty for not paying to creditor An officer who, on demand, does not pay to the creditor in an execution, his or her agent or attorney, such sums of money as he or she receives on the execution, shall forfeit to the person to whose use he or she received the same, 15 […]