898.12 – Payment and discharge.
898.12 Payment and discharge. If the debtor shall satisfy the execution the debtor shall not be entitled to his or her discharge until the debtor has paid all the charges for his or her support in prison, in addition to the sum due on the execution, and the costs and charges thereon. History: 1993 a. […]
898.13 – Discharge by plaintiff.
898.13 Discharge by plaintiff. The plaintiff in the action may, at any time, order the prisoner to be discharged, and the prisoner shall not thereafter be liable to imprisonment for the same cause. History: 1993 a. 486.
898.04 – Prisoner to be examined.
898.04 Prisoner to be examined. At the time and place specified in the notice the person shall be taken, under the custody of the jailer, the sheriff or the sheriff’s deputy, before the circuit judge or circuit court commissioner, who shall examine the prisoner on oath concerning his or her estate and effects and the […]
898.05 – Interrogatories.
898.05 Interrogatories. The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry and they shall, if required by the creditor, be proposed and answered in writing and the answers shall be signed and sworn to by the prisoner; and the plaintiff in the action may have […]
898.06 – Oath on discharge.
898.06 Oath on discharge. If upon such examination such officer shall be satisfied that the prisoner is entitled to his or her discharge the officer shall administer to the prisoner the following oath: I, …. do solemnly swear that I have not any estate, real or personal, to the amount of $20, except such as […]
898.07 – Certificate to sheriff.
898.07 Certificate to sheriff. (1) After administering the oath the officer before whom such examination shall be held shall make a certificate under the officer’s hand as follows: To the sheriff or jailer of the county of …. : I do hereby certify that …. , confined in your jail upon an execution at the […]
898.08 – Other applications for discharge.
898.08 Other applications for discharge. If upon such examination aforesaid the prisoner be not discharged the prisoner shall be entitled to apply for his or her discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceeding shall thereupon be had. History: 1993 a. 486.
898.01 – Discharge of persons confined for tort.
898.01 Discharge of persons confined for tort. Every person confined in jail on an execution issued on a judgment recovered in an action founded on a tort shall be discharged therefrom upon the conditions hereinafter specified.
898.02 – Notice to plaintiff.
898.02 Notice to plaintiff. The person shall cause notice to be given to the plaintiff in the action, the plaintiff’s agent or attorney, in writing, that at a time and place specified in the notice the person will apply to the circuit judge or circuit court commissioner of the county in which the person is […]
898.03 – Notice, how served.
898.03 Notice, how served. Such notice shall be served by delivering a copy thereof to the plaintiff, the plaintiff’s agent or attorney 24 hours before the time for the hearing of such application, if the plaintiff lives within 20 miles of the place designated for the hearing; and for every additional 20 miles or part […]