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Home » US Law » 2022 Vermont Statutes » Title 12 - Court Procedure » Chapter 111 - Levy of Execution » Subchapter 2: PERSONAL PROPERTY, LEVY, AND SALE

§ 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 […]

§ 2737. Officer’s return

§ 2737. Officer’s return The officer serving the execution shall make return thereof with his or her doings thereon, describing the goods or chattels taken and sold and the sum for which each was sold.

§ 2738. Action against officer for fraud or collusion

§ 2738. Action against officer for fraud or collusion When such officer is guilty of fraud or collusion on such sale or return, he or she shall pay the party injured three times the amount of damages occasioned by such fraud or collusion, to be recovered in an action of tort on this statute, with […]

§ 2739. United States currency

§ 2739. United States currency United States currency may be taken in execution and paid to the creditor as money collected. (Amended 1971, No. 185 (Adj. Sess.), § 73, eff. March 29, 1972.)

§ 2740. Goods and chattels; exemptions from

§ 2740. Goods and chattels; exemptions from The goods or chattels of a debtor may be taken and sold on execution, except the following articles, which shall be exempt from attachment and execution, unless turned out to the officer to be taken on the attachment or execution, by the debtor: (1) the debtor’s interest, not […]

§ 2744. Demand; payment from municipal funds

§ 2744. Demand; payment from municipal funds The officer who receives any such execution shall forthwith demand the amount thereof of the treasurer of the county, town, village, or district. Such treasurer shall pay the same with charges, if there are sufficient monies in his or her hands belonging to such county, town, village, or […]

§ 2745. Levy when not paid

§ 2745. Levy when not paid If the execution or a part thereof remains unpaid, at the expiration of 12 days after making such demand, and not sooner, the officer shall levy and collect the same as therein directed.

§ 2746. Payment by inhabitant whose property is taken

§ 2746. Payment by inhabitant whose property is taken An inhabitant whose goods or chattels are taken on such execution, may pay to the officer the amount of such execution and the charges thereon before their sale.

§ 2747. Recovery against municipality

§ 2747. Recovery against municipality Such inhabitant shall be entitled to recover against the county, town, village, or district, the sum so paid or levied on his or her goods or chattels, with 12 percent interest thereon, in an action of contract on this statute.