Section 6.2405. Writ of
attachment.
(1) The Court may issue a writ of attachment for special cause shown, upon plaintiff’s statement under oath. A writ authorizes and orders a police officer or other person to attach and safely keep as much of the personal property of the person against whom the writ issues as will satisfy the plaintiff’s demand stated in the action, interest and costs. Attachment may not extend to personal property exempt from attachment or a type of personal property which the Court states in the writ.
(2) A debt owed to a defendant is subject to attachment by Court order except salary or wages which the Court finds necessary for the support of the defendant or his dependents.
Section 6.2406. Release and modification.
Upon application of a
party or of its own motion, the Court may make and modify an order for the
release of property from attachment or for its sale when perishable or upon the
request of the owner of the property, and for the safekeeping of the proceeds of
the sale.
Section 6.2407. Writ of
execution.
Upon request by a party
receiving a civil judgment for the payment of money, the Court issues a writ of
execution against the personal property of the party against whom a court
rendered the judgment.
Section 6.2408. Levying
execution.
Upon receipt of a writ of
execution issued by the Court, the Chief of Police, a police officer or
appointed person levies or causes the Chief of Police or police officer to levy,
execution as follows:
(1) He demands that the person against whom the execution issues, pay the execution or exhibit sufficient property subject to execution. If the person has property of a kind exempt from execution but [in] an amount exceeding the exemption, he may select a portion of the property which he wants to retain under the exemption, promptly making the selection known to the person making the levy. If he fails to select promptly, the person making the levy makes the selection. If the person against whom the execution issues does not pay the execution in full, including interest, costs and expenses of the levy, the person making the levy seizes property of the person against whom the execution issues, not exempt from execution, sufficient in his opinion to cover the amount of the execution. He first seizes property under attachment in the action in which the execution issues. He next seizes property selected by the person against whom the execution issues. He may remove the property to a safe place, or place a caretaker in charge of it. He makes a list of the seized property.
(2) After seizure. The person making the levy gives public notice of sale at least seven days in advance of the time of sale by notifying the chief executive officer of the municipality where the levy will occur, by posting a written notice of the sale in a conspicuous place at or near the municipal office in the municipality in which the sale will occur, and by notifying the person against whom the execution issues, or by notifying an agent who had custody of the seized property at the time of seizure.
(3) Unless he received payment of the amount of the judgment and interest and the costs and expenses of the levy, the person making the levy on the day and at the place set for the sale sells the seized property at public auction to the highest bidder. He deducts from the proceeds of the sale sufficient money for the full payment of his fees and expenses, and pays the person in whose favor the execution issued the balance of the amount due on the execution. The person against whom the execution issued receives sales proceeds remaining after the deduction and payment provided in this subsection. The person making the levy returns the writ to the Court and reports his actions, stating the amount collected and paid.
(4) Upon receipt of a written request signed by the debtor and creditor for a postponement of the sale to an agreed time, the person conducting the sale under execution, publicly declares a postponement of sale to the agreed time and at the place originally established for sale. The person responsible for a sale gives public notice of a postponement at the time and place announced for the sale.
(5) If after beginning a levy of execution an authorized person fails to complete the matter, another authorized person may complete the levy, sale, and payment of proceeds as provided in this chapter.
Section 6.2409. Order in aid of judgment.
(1) After a judgment for the payment of money and before full satisfaction of the judgment a party may apply to the Court for an order in aid of judgment. After notice to the opposite party, the Court holds a hearing on the question of the debtor’s ability to pay and determines the fastest way in which the debtor can reasonably satisfy the judgment. In making a determination the Court allows the debtor to retain property and income necessary to provide the reasonable living requirements of the debtor and his dependents, including fulfillment of an obligation to extended family, in return for which the debtor, or his dependents, receive any necessary part of the food, shelter or services required for their living.
(2) At the hearing provided by subsection (1), the debtor is subject to examination before the Court. The Court may refer the examination to a master to take evidence and report his findings. A party, the Court or master may introduce evidence properly bearing on the question as in the trial of a civil action. Upon hearing the evidence or receipt of the report of a master, the Court makes an order in aid of judgment as is just for the satisfaction of a judgment consistent with findings.
(3) An order in aid of judgment may provide for the transfer of assets at a price determined by the Court, for the sale of assets and payment of net proceeds to the creditor, for payments in specified installments on particular dates or at specified intervals, or for a method of payment which the court deems just.
(4) The Court may modify an order in aid of judgment as justice requires at any time upon application of either party and notice to the other, or on the Court’s motion.
(5) After filing of an application for an order in aid of judgment in an action a writ of execution does not issue except pursuant to an order in aid of judgment or by special order of the Court for cause shown.
(6) If a writ of execution is outstanding, a judgment creditor applying for an order in aid of judgment files the writ of execution with his application. A judgment debtor applying for an order in aid of judgment may request a stay of execution of a writ which the Court may grant on terms it finds just.
Cross reference:
Section 6.2410. Exemptions.
The following are exempt
from attachment and execution:
(1) necessary household furniture, cooking and eating utensils, wearing apparel, bedding, and provisions for household use sufficient for four months;
(2) tools, implements, utensils, two work animals, and equipment necessary to enable the person against whom the attachment or execution issued to carry on his usual occupation;
(3) interests in land, except that the Court may order sold or transferred pursuant to an order in aid of judgment, an interest held solely by a judgment debtor in his own right if the Court finds that justice requires and that after the sale or transfer the debtor would have sufficient land remaining to support himself and those persons directly dependent on him according to custom and law; and
(4) Government property.
