Title 27, Title 27

The sheriff may not make a seizure unless an order from a judge of the court having jurisdiction of the cause is attached to the affidavit. The judge may sign an order if the judge is satisfied of either of the following: (1) that the party seeking possession of the property has …

The plaintiff or the plaintiff's attorney may, by an endorsement in writing upon the affidavit, require the sheriff of the county where the property claimed may be to take the property from the defendant.

Upon receipt of the affidavit and notice with a written undertaking, executed by two or more sufficient sureties approved by the sheriff or a letter of credit issued by a regulated lender as defined in 31-1-111, in double the value of the property, as stated in the affidavit for …

If the property or any part of the property is concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If the property is not delivered, the sheriff shall cause the building or enclosure to be broken open and take the property into the sheriff's poss…

The sheriff must take a less number or quantity if the whole of the property described in the affidavit cannot be found.

If the sheriff will incur substantial costs in transporting, keeping, or storing the property seized, the party requesting service of an order for claim and delivery shall provide a bond or other security to pay for all costs that may be incurred as a result of the service of suc…

When the sheriff has taken property, as provided in this chapter, the sheriff shall keep the property in a secure place and deliver it to the party entitled to the property upon receiving the sheriff's lawful fees for taking and the necessary expenses for keeping the property.

The sheriff shall file the notice, undertaking, and affidavit, with the sheriff's proceedings thereon, with the clerk of the court in which the action is pending within 20 days after taking the property mentioned in the notice, undertaking, and affidavit.

The defendant may, within 2 days after service of a copy of the affidavit and undertaking, give notice to the sheriff that the defendant takes exception to the sufficiency of the sureties. If the defendant fails to do so, the defendant is considered to have waived all objections …

At any time before the delivery of the property to the plaintiff, the defendant may, if the defendant does not take exception to the sureties of the plaintiff, require the return of the property upon giving to the sheriff a written undertaking, executed by two or more sufficient …

Where the plaintiff's affidavit states separately the value of one or more chattels or classes of chattels, the defendant may require, as prescribed in this chapter, the return of any or all of the chattels or classes of chattels the value of which is thus stated or of the portio…

The defendant's sureties, upon notice to the plaintiff of not less than 2 or more than 5 days, shall justify before the judge or clerk in the same manner as upon bail on arrest, and upon the justification the sheriff shall deliver the property to the defendant. The sheriff must b…

The qualification of sureties and their justification shall be such as are prescribed by chapter 16 in respect to bail upon an order of arrest.

If a return of the property be not required within 5 days after the taking and serving notice to the defendant, it shall be delivered to the plaintiff, except as provided in 27-17-309. If the defendant procures a return under 27-17-305, the remainder must be delivered to the plai…

If the property taken is claimed by any person other than the defendant or the defendant's agent and the other person makes an affidavit of the person's title to the property or right of the possession of the property, stating the grounds of the right or title, and serves the aff…

The defendant may, by answer, defend on the ground that a third person was entitled to the property, without connecting the defendant with the third party's title.

(1) When, as provided for in this chapter, the sheriff has taken property that is subject to a security interest arising under Title 30, chapter 9A, part 2, granted to plaintiff by defendant and return of the property is not required within 5 days after the taking and serving not…

(1) In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff and the defendant claim…

In all cases when a judgment is rendered, in an action to recover the possession of personal property, for the return of personal property or its value if a return cannot be had, it is the duty of the party against whom the judgment is rendered to return the property in as good c…

In case such property, while in the possession of the party against whom such judgment shall be rendered or while unlawfully detained from the party entitled to the possession thereof, be materially injured or lessened in value by use or otherwise, then a return or offer to retur…

In case such action to recover possession of personal property is brought against any sheriff or other officer who may have levied upon and seized the same under authority of any attachment or other process and judgment shall be rendered in favor of such officer for the return of…

Such second taking of such property, referred to in 27-17-404, does not release or discharge the sureties on any undertaking given for the return of such property, but an action may be maintained on such undertaking and recovery thereon had unless the property shall have been act…