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§ 12-1552 – Types of executions; form

12-1552. Types of executions; form A. Executions are either general or special. 1. A general execution is one which commands the officer to whom it is addressed to make the amount of the judgment out of property of the judgment debtor without specifying the particular property. 2. A special execution is one which commands the […]

§ 12-1553 – General execution

12-1553. General execution A general execution shall state the amount of the judgment and costs and the amount due thereon, and shall require the officer: 1. If the execution is against the property of the judgment debtor, to satisfy the judgment, with interest, out of the personal property of the debtor, and if sufficient personal […]

§ 12-1554 – Special execution

12-1554. Special execution A special execution shall set forth in substance the portions of the judgment which command the sale or delivery of specific property and the amount of costs or damages, if any, and shall require the officer: 1. If the judgment directs the sale of specific real or personal property, to make sale […]

§ 12-1555 – Return of execution

12-1555. Return of execution A. An execution shall be made returnable to the clerk of the court issuing it at any time not less than ten nor more than ninety days after its receipt by the officer to whom directed. B. When the execution is returned the clerk shall note in the proper docket the […]

§ 12-1556 – Judgment requiring performance of other acts; service

12-1556. Judgment requiring performance of other acts; service When a judgment requires the performance of any act other than is designated in the preceding sections of this article, a certified copy of the judgment shall be served upon the party against whom the judgment was given, or upon the person required by the judgment or […]

§ 12-1557 – Issuance of writ to several counties

12-1557. Issuance of writ to several counties A. A general execution may be issued to the sheriff of any county in the state, and executions may be issued at the same time, or different times, to different counties. B. A special execution requiring sale of specific property, or delivery of real or personal property shall […]

§ 12-1558 – Property subject to execution

12-1558. Property subject to execution A. All property, real and personal, not exempt by law, and all property and rights of property seized and held under attachment or garnishment in an action, are liable to execution. B. Shares and interests in a corporation, and debts and credits, choses in action, and all other property, or […]

§ 12-1560 – New trial after service by publication; superseding judgment

12-1560. New trial after service by publication; superseding judgment A. When judgment has been rendered on service by publication, and defendant has not appeared, a new trial may be granted upon application of defendant for good cause shown by affidavit, made within one year after rendition of judgment. B. Execution of the judgment shall not […]

§ 12-1561 – Judgment creditor having prior lien

12-1561. Judgment creditor having prior lien If a party recovering judgment has a lien on any property by mortgage or otherwise, or by levy of any writ of attachment or garnishment, no further levy upon such property is necessary, and it may be sold without further levy.

§ 12-1564 – Indemnification of officer for levy; recovery of costs

12-1564. Indemnification of officer for levy; recovery of costs If there is a reasonable doubt about the equity interest of a judgment debtor in any property or the liability for the seizure of the property on execution, the officer may require sufficient security from the judgment creditor to indemnify the officer. If security is not […]

§ 12-1565 – Storage of levied property; costs

12-1565. Storage of levied property; costs A. After the officer has completed his levy on the personal property of the judgment debtor, the officer shall secure the property until it is sold. The officer may store the property in a facility operated by the county for this purpose or in a private facility selected by […]

§ 12-1566 – Execution upon judgments for debts secured by real property; fair market value; hearing; redemption rights; guarantees; applicability

12-1566. Execution upon judgments for debts secured by real property; fair market value; hearing; redemption rights; guarantees; applicability A. This section applies to execution upon real property under a judgment obtained pursuant to section 33-725 or obtained pursuant to section 33-814 or obtained against a guarantor or any other person directly, indirectly or contingently liable […]