Title 25, Title 25

If the writ be for the delivery of the possession of real or personal property, it must require the sheriff or levying officer to deliver the possession of the same, particularly describing it, to the party entitled thereto and may at any time require the sheriff or levying offic…

If the writ is against the person of the judgment debtor, it must require the sheriff to arrest the debtor and commit the debtor to the jail of the county until the debtor pays the judgment, with interest, or is discharged, according to law.

Where the execution is against the property of the judgment debtor, it may be issued to the sheriff or levying officer of any county in the state. Where it requires the delivery of real or personal property, it must be issued to the sheriff or levying officer of the county where …

(1) (a) The sheriff or levying officer shall, subject to subsections (6) and (7), execute the writ against the property of the judgment debtor not later than 120 days after receipt of the writ by: (i) levying on a sufficient amount of property if there is sufficient property; (ii…

If the sheriff or levying officer will incur substantial costs in transporting, keeping, or storing the property seized, the party requesting service of a writ of execution shall provide a bond or other security to pay for all costs which may be incurred as a result of the servic…

(1) Except as provided in 25-13-402(6) and subsection (3) of this section, execution may be made returnable to the clerk of the court in which the judgment was rendered, at any time not less than 10 or more than 120 days after receipt of the recovery by the sheriff or levying off…

If any real estate is levied upon, the clerk shall record the execution and the return of the execution at large and certify the execution and return as true copies in a book to be called the "execution book", which must be indexed, with the names of the plaintiffs and defendants…

All goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action are liable to execution. Shares and interest in any c…

After the issuing of an execution against property and before its return, a person indebted to the judgment debtor may pay to the sheriff the amount of the person's debt or as much of the debt as is necessary to satisfy the execution. The sheriff's receipt is sufficient discharge…

If personal property levied upon be claimed by a third person, the same proceedings shall be had as provided in attachment in 27-18-602.

The provisions of 27-18-406, relating to the garnishment of public officers, apply to the levy of an execution.

Personal property subject to a security interest may be taken on execution issued at the suit of a creditor of the debtor under the security agreement; but before the property is so taken, the officer levying the writ must pay or tender to the secured party the amount of the secu…

(1) The secured party under any security agreement of record is required, upon 15 days' notice in writing served upon the party in person by any creditor of the debtor seeking to satisfy a judgment of the creditor against the debtor, to make and file in the office of the county c…

Any waiver of statutory exemption from execution in an unsecured promissory note shall be unenforceable.

(1) An individual's medical care savings account under Title 15, chapter 61, a health savings account under 26 U.S.C. 223, or a medical savings account under 26 U.S.C. 220: (a) is exempt from creditor processes; (b) is not liable to attachment, garnishment, or similar legal proce…

A resident of this state is entitled to the exemptions provided in this part.

Notwithstanding any other provision of this part, a creditor may levy against exempt property to enforce a claim for: (1) the purchase price of the property; or (2) a loan made for the express purpose of enabling the judgment debtor to purchase the property and used for that purp…

(1) A judgment debtor is entitled to exemption from execution of the following: (a) professionally prescribed health aids for the judgment debtor or a dependent of the judgment debtor; (b) benefits the judgment debtor has received or is entitled to receive under federal social se…

A judgment debtor is entitled to exemption from execution of the following: (1) the judgment debtor's interest, not to exceed $7,000 in aggregate value, to the extent of a value not exceeding $1,250 in any item of property, in household furnishings and goods, appliances, jewelry,…

(1) If money or other property exempt under 25-13-608 and 25-13-609 has been sold or has been lost, damaged, or destroyed and the judgment debtor has been indemnified for the property, the debtor is entitled for 6 months to an exemption of proceeds that are traceable, such as in …

(1) In addition to the property mentioned in 25-13-609(1), the following property is exempt from all judgment debtors: (a) all necessary firefighting equipment and facilities of a governmental fire agency organized under Title 7, chapter 33; (b) all arms, uniforms, and accouterme…

(1) Earnings of a judgment debtor that are not subject to garnishment, as provided in this section, are exempt. (2) Except as provided in subsections (3) and (4), the maximum part of the aggregate disposable earnings of a judgment debtor for any workweek that is subjected to garn…

The homestead of a judgment debtor exempt from execution is provided for in Title 70, chapter 32.

(1) Before the sale of the property on execution, notice must be given as follows: (a) in case of perishable property, by posting written notice of the time and place of the sale in three public places in the county where the sale is to take place for a time that is reasonable co…

An officer selling without the notice prescribed by 25-13-701 forfeits $500 to the aggrieved party in addition to the party's actual damages. A person willfully taking down or defacing the notice posted, if done before the sale or satisfaction of the judgment, if the judgment is …

Good cause therefor appearing, the officer holding the execution may postpone any sale noticed thereunder for a period not exceeding 15 days, by public proclamation at the time and place fixed in the notice of sale and by posting a notice in three public places in the township wh…

(1) All sales of property under execution must be made at auction to the highest bidder, between the hours of 9 a.m. and 5 p.m. After sufficient property has been sold to satisfy the execution, no more property may be sold. The officer holding the execution or the officer's deput…

If a purchaser refuses to pay the amount bid by the purchaser for the property sold to the purchaser at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss is occasioned by the subsequent sale, the officer may recover…

When a purchaser refuses to pay, the officer may reject any subsequent bid of that purchaser.

Sections 25-13-705 and 25-13-706 must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser and the amount collected from the purchaser refusing to pay.

When the purchaser of any personal property capable of manual delivery pays the purchase price, the officer making the sale shall deliver to the purchaser the property and, if desired, execute and deliver to the purchaser a certificate of sale. The certificate conveys to the purc…

When the purchaser of any personal property not capable of manual delivery pays the purchase price, the officer making the sale shall execute and deliver to the purchaser a certificate of sale. The certificate conveys to the purchaser all rights that the debtor had in the propert…

Upon a sale of real property, the purchaser is substituted to and acquires the right, title, interest, and claim of the judgment debtor thereto; and when the estate is less than a leasehold of 2 years' unexpired term, the sale is absolute. In all other cases, the property is subj…

(1) Upon a sale of real property, the officer must give to the purchaser a certificate of sale, containing: (a) a particular description of the property sold; (b) the price bid for each distinct lot or parcel; (c) the whole price paid; (d) when subject to redemption, a statement …

(1) When the property taken under 25-13-505 is sold under process, the officer levying the writ must apply the proceeds of the sale as follows: (a) to the repayment of the sum paid to the secured party, with interest from the date of such payment; and (b) the balance, if any, in …

(1) If the purchaser of real property sold on execution or the purchaser's successor in interest is evicted from the property because of irregularities in the proceedings concerning the sale or of the reversal or discharge of the judgment, the purchaser may recover the price paid…

All judicial sales of real property prior to January 1, 1973, provided no action is pending on July 1, 1973, to set such sale aside, where made in this state on proceedings to satisfy valid judgments or decrees of any court and the moneys bidden thereon paid to the officer making…

(1) Property sold subject to redemption, as provided by 25-13-710, or any part sold separately may be redeemed in the manner provided in this part by the following persons or their successors in interest: (a) the judgment debtor, the judgment debtor's spouse, or the judgment debt…

The judgment debtor or redemptioner may redeem the property from the purchaser any time within 1 year after the sale on paying the purchaser: (1) the amount of the purchase with interest at a rate established by the judgment in the action that led to the execution sale, up to the…

(1) If property is redeemed by a redemptioner, another redemptioner may, within 60 days after the last redemption, again redeem the property from the last redemptioner on paying the sum on the last redemption with interest at the rate established by the judgment in the action tha…

(1) If a stockholder of a corporation redeems, the corporation, within 1 year after the date of sale, may redeem by paying to the redemptioner or the sheriff for the stockholder's benefit the amount paid to effect the redemption, with interest on that amount at the rate establish…

If the spouse of a judgment debtor redeem, the judgment debtor, within 1 year after the date of sale, may redeem by paying the spouse or the spouse's successors in interest or the sheriff for the benefit of the spouse or the successors in interest of the spouse the amount paid to…

Written notice of redemption must be given to the sheriff and a duplicate filed with the county clerk, and if any taxes or assessments are paid by the redemptioner or if the redemptioner has or acquired any liens other than that upon which the redemption was made, notice must in …

A redemptioner shall produce, to the officer or person from whom the redemptioner seeks to redeem, and serve with the notice to the sheriff: (1) (a) a copy of the docket of the judgment under which the redemptioner claims the right to redeem, certified by the clerk of the court o…

The payment mentioned in 25-13-802 through 25-13-806 may be made to the purchaser or redemptioner, as the case may be, or for the petitioner or redemptioner to the officer who made the sale or, if the officer's term of office has expired, to the successor in office.

(1) If the debtor redeems, the effect of the sale is terminated and the debtor is restored to the debtor's own estate. If the spouse redeems, the spouse must become the owner of the debtor spouse's interest, subject to any liens on the property at the time of the execution sale. …