Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 424 Judgment in action to recover possession of personal property
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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 thereof. If the property has been delivered to the plaintiff and defendant claims…
5 V.I.C. § 425 Judgment lien
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(a) At any time after the entry of judgment, while an execution may issue upon such judgment, and the same remains unsatisfied in whole or in part, the judgment creditor, or his representative in case of his death, may file a certified transcript of the judgment in the office of …
5 V.I.C. § 426 Interest on money judgments and decrees
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(a) The rate of interest on judgments and decrees for the payment of money shall be 4 percent per annum. (b) Notwithstanding the provisions of title 11, section 951(a)(1) and title 33, section 3408(a), of this code, or any other law, pre-judgment interest shall not be charged aga…
5 V.I.C. § 427 Collateral source rule limitation
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In any cause of action alleging damages for medical expenses or lost income sustained by or on behalf of a party, including, without limitation, actions alleging damages for bodily injury, death or property damage, or any combination thereof, the collateral source rule shall not …
5 V.I.C. § 471 Right to execution
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Subject to the provisions of the Federal Rules of Civil Procedure, the person in whose favor a judgment is given in the district court or the Superior Court which requires the payment of money, the delivery of real or personal property, or either of them, may have a writ of execu…
5 V.I.C. § 472 Kinds of executions
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There shall be three kinds of executions: One against the property of the judgment debtor, another against his person, and the third for the delivery of the possession of real or personal property, or such delivery with damages for withholding the same.
5 V.I.C. § 473 Issuance and form of writ of execution
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(1) The writ of execution shall be issued by the clerk and directed to the marshal. It shall contain the name of the court, the names of the parties to the action, and the title thereof. It shall substantially describe the judgment, and if it is for money, shall state the amount …
5 V.I.C. § 474 Indorsement, execution, and return of writ
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The marshal shall endorse upon the writ of execution the time when he received the same, and such writ shall be promptly executed by the marshal and shall be returnable, within sixty days after its receipt by the marshal, to the clerk's office from which it is issued.
5 V.I.C. § 475 Execution against the person; arrest
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(1) If the action is one in which the defendant might have been arrested, as provided by section 172 of this title, an execution against the person of the judgment debtor may be issued after the return of the execution against his property unsatisfied in whole or in part as follo…
5 V.I.C. § 476 Length of imprisonment; expenses
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A person arrested on execution shall be imprisoned in jail, and kept at his own expense until satisfaction of the execution, or his legal discharge, but the judgment creditor shall be liable in the first instance for such expense, as in other cases of arrest, in the same manner a…
5 V.I.C. § 477 Death of judgment debtor
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Notwithstanding the death of a party after judgment, execution thereon against his property or for the delivery of real or personal property may be issued, and executed in the same manner and with the same effect as if he were still living, but such execution shall not issue with…
5 V.I.C. § 478 Exemption of homestead
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(a) The homestead of any family, or the proceeds thereof, shall be exempt from judicial sale for the satisfaction of any liability hereafter contracted or for the satisfaction of any judgment hereafter obtained on such debt. Such homestead must be the actual abode of and owned by…
5 V.I.C. § 479 Exemption of other property from execution
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(a) All property other than the homestead, including franchises or rights or interests therein, of the judgment debtor shall be liable to an execution, except as in this section provided. The following property shall be exempt from execution if selected and reserved by the judgme…
5 V.I.C. § 480 Levy on property
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(1) When a writ of execution is against the property of the judgment debtor, it shall be executed by the marshal as follows:(1) If property has been attached, he shall indorse on the execution, and pay to the clerk forthwith the amount, if any, of the proceeds of sales of perisha…
5 V.I.C. § 481 Property in possession of garnishee
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(1) In the case of property in the possession of or owing from any garnishee mentioned in section 265 of this title, the marshal shall proceed as follows:(1) If it appears from the certificate of the garnishee that he owes a debt to the judgment debtor, which is then due, if such…
5 V.I.C. § 482 Certificate by garnishee; delivery of property
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When a marshal with an execution levies upon any of the personal property mentioned in paragraph (3) of section 256 of this title, and if the same is not delivered, paid, or transferred to him at the time, and the garnishee furnishes him the certificate required in section 265 of…
5 V.I.C. § 483 Retention of possession by judgment debtor; undertaking
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When the marshal levies upon personal property by virtue of an execution, he may permit the judgment debtor to retain the same or any part thereof in his possession until the day of sale upon the defendant executing a written undertaking to the marshal with sufficient surety in d…
5 V.I.C. § 484 Notice of sale of property on execution
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(a) Before the sale of property on execution, a written or printed notice of the time and place of sale, particularly describing the property shall be—(1) posted in a public place in or near the office of the clerk of the court in the judicial division or jurisdiction in which th…
5 V.I.C. § 485 Sale of property by auction
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All sales of property upon execution shall be made by auction at any time between nine o'clock in the morning and four o'clock in the afternoon. After sufficient property has been sold to satisfy the execution no more shall be sold. Neither the officer holding the execution nor h…
5 V.I.C. § 486 Postponement of sale
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If, at the time appointed for the sale, the marshal should be prevented from attending at the place appointed, or, being present, should deem it for the advantage of all concerned to postpone the sale for want of purchasers, or other sufficient cause, he shall postpone the sale g…
5 V.I.C. § 487 Bill of sale; delivery of personal property
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When the purchaser of any personal property capable of manual delivery, and not in the possession of a third person, association, or corporation, shall pay the purchase money, the marshal shall deliver to him the property, and if desired shall give him a bill of sale containing a…
5 V.I.C. § 488 Execution more than 5 years after judgment
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(1) Whenever, after the entry of judgment, a period of five years shall elapse without an execution being issued on such judgment, thereafter an execution shall not issue except as in this section provided:(1) The party in whose favor a judgment was given shall file a motion with…
5 V.I.C. § 489 Confirmation of sale of real property
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(1) Whenever real property is sold on execution the provisions of this section shall apply to the subsequent proceedings:(1) The plaintiff in the writ of execution shall be entitled, on motion therefore, to have an order confirming the sale, unless the judgment debtor, or his rep…
5 V.I.C. § 490 Eviction of purchaser on reversal of judgment
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If the purchaser of real property sold on execution, or his successors in interest, are evicted therefrom in consequence of the reversal of the judgment, he or they may recover the price paid, with legal interest and the costs and disbursements of the action by which he or they w…
5 V.I.C. § 491 Contribution among judgment debtors; repayment of surety
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When property liable to an execution against several persons is sold thereon, and more than a due proportion of the judgment is levied upon the property of one of them, or one of them pays without a sale more than his proportion, he may compel contribution from the others. When a…
5 V.I.C. § 492 Redemption of real property; certificate
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(1) Upon a sale of real property, when the estate is less than a leasehold of two years' unexpired term, the sale shall be absolute. In all other cases such property shall be subject to redemption as hereinafter provided in this chapter. At the time of sale the marshal shall give…
5 V.I.C. § 493 Persons who may redeem
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(1) Property sold subject to redemption, as provided in section 492 of this title, or any part thereof separately sold, may be redeemed by the following persons, or their successors in interest:(1) The judgment debtor, or his successor in interest, in the whole or any part of the…
5 V.I.C. § 494 Redemption by lien creditor from purchaser
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A lien creditor may redeem the property within sixty days from the date of the order confirming the sale by paying the amount of the purchase money with interest at the legal rate per annum thereon from the time of sale, together with the amount of any taxes which the purchaser m…
5 V.I.C. § 495 Successive redemptions by other lien creditors
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If the property is redeemed as provided in section 494 of this title, any other lien creditor may, within sixty days from the last redemption, again redeem it on paying the sum paid on the last redemption, with interest at the legal rate per annum thereon from the date of the las…
5 V.I.C. § 496 Redemption by judgment debtor
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The judgment debtor or his successor in interest may redeem the property at any time prior to the confirmation of sale on paying the amount of the purchase money, with interest at the legal rate per annum thereon from the date of sale, together with the amount of any taxes which …
5 V.I.C. § 497 Conveyance by marshal
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If redemption is not made as prescribed in this chapter, or when redemption is made and a period of sixty days elapses without any other redemption, the purchaser or the redemptioner, as the case may be, shall be entitled to a conveyance by the marshal. If the judgment debtor red…
5 V.I.C. § 498 Procedure for redemption
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The mode of redeeming shall be as provided in this section. (1) The person seeking to redeem may redeem by paying to the marshal the sum required. The marshal shall give the person redeeming a certificate, as in case of sale on execution, adding therein the sum paid on redemption…
5 V.I.C. § 499 Waste on property
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Until the expiration of the time allowed for redemption, the court or judge thereof may restrain the commission of waste on the property by order granted with or without notice, on the application of the purchaser or judgment creditor. It shall not be deemed waste for the person …
5 V.I.C. § 500 Possession, rents, and crops
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The purchaser from the day of sale until a resale or a redemption, and a redemptioner from the day of his redemption until another redemption, shall be entitled to the possession of the property purchased or redeemed, unless the same be in the possession of a tenant holding under…
5 V.I.C. § 501 Proceedings in aid of execution; order for examination of judgment debtor
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After the issuance of an execution against property; and upon proof by the affidavit of the plaintiff in the writ, or otherwise, to the satisfaction of the court that the judgment debtor has property liable to execution which he refuses to apply toward the satisfaction of the jud…
5 V.I.C. § 502 Examination of witnesses; order for application of property or levy thereon
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Either party may examine witnesses in his behalf, and if by such examination it appear that the judgment debtor has any property liable to execution the court before whom the proceeding takes place, or to whom the report of the commissioner is made, shall make an order requiring …
5 V.I.C. § 503 Restraining disposition of property; contempt
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At the time of allowing the order prescribed in section 502 of this title, or at any time thereafter pending the proceeding, the court may make an order restraining the judgment debtor from selling, transferring, or in any manner disposing of any of his property liable to executi…
5 V.I.C. § 504 Arrest of judgment debtor; undertaking
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Instead of the order requiring the attendance of the judgment debtor, as provided in sections 501–503 of this title, the court may, upon proof by affidavit of the party, or otherwise to its satisfaction that there is danger of the debtor leaving the Virgin Islands, or concealing …
5 V.I.C. § 505 Proceedings against garnishee
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Whenever the marshal, with an execution against the property of the judgment debtor, applies to any person or officer mentioned in subdivision (3) of section 256 of this title for the purpose of levying on any property therein mentioned, such person or officer shall forthwith giv…
5 V.I.C. § 506 Public officer as garnishee
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No public officer shall be liable as garnishee for moneys in his possession as such officer, belonging to or claimed by any judgment debtor, except pursuant to an attachment or execution levied under the provisions of chapter 44 of this title.
5 V.I.C. § 521 Definitions
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(a) As used in this chapter the term “wages” means—(1) wages, salaries, commissions, or other remuneration for services performed by an employee for his employer including any such remuneration measured partly or wholly by percentages or share of profits, or by other sums based u…
5 V.I.C. § 522 Attachment of or execution on wages; percentage limitations; priority
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(a) Notwithstanding any other provision of law, where an attachment or an execution on a judgment is levied upon wages due a judgment debtor from an employer-garnishee under the provisions of this title, the attachment or execution (referred to as the “levy” in the remainder of t…
5 V.I.C. § 523 Employers duty to withhold and make payment; percentage
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(a) Except as provided in subsection (b) of this section an employer upon whom levy is served, and who—(1) at the time is indebted for wages to an employee who is the judgment debtor named in the levy, or(2) becomes so indebted to the judgment debtor in the future, shall, while t…
5 V.I.C. § 524 Judgment creditor to file receipts of amounts collected
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(a) The judgment creditor shall—(1) file with the clerk of the court every three months after the serving of levy upon an employer-garnishee a receipt showing the amount received and the balance due under the levy as of the date of filing;(2) file a final receipt with the court a…
5 V.I.C. § 525 Judgment against employer-garnishee for failure to pay percentages
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If the employer-garnishee fails to pay to the judgment creditor the percentages prescribed by the court decree of the wages which become payable to the judgment debtor for any pay period, judgment shall be entered against said employer-garnishee for an amount equal the percentage…
5 V.I.C. § 526 Lapse of attachment or execution upon resignation or dismissal of employee
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If the judgment debtor resigns or is dismissed from his employment while a levy upon his wages is wholly or partly unsatisfied, the levy shall lapse and no further deduction may be made thereon, unless the judgment debtor is reinstated or reemployed within ninety (90) days after …
5 V.I.C. § 527 Assignment of future wages; validity as against attachment or execution levied upon wages
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An assignment of wages to become due shall not be valid against a levy upon such wages under this chapter unless executed in writing prior to the date of the levy and made to secure a debt of an amount therein stated, contracted prior to or simultaneous with the execution of the …
5 V.I.C. § 528 Judgments; lapse; validity
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A levy issued by any court in the Virgin Islands upon a judgment and levied within twenty years from the date of the judgment the employer-garnishee, shall not lapse or become invalid prior to upon the wages due or to become due to the judgment debtor from complete satisfaction s…
5 V.I.C. § 529 Payments by employer-garnishee where employee has no salary or salary inadequate for services rendered
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Where the judgment debtor claims or is proved to be rendering services to or employed by a relative or other person, or by a corporation owned or controlled by a relative or other person, without salary or compensation, or at a salary or compensation so inadequate as to satisfy t…
5 V.I.C. § 530 Quashing attachment or execution where judgment obtained to hinder just claims
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Where a levy under this chapter is based upon a judgment obtained by default or consent without a trial upon the merits, the court, upon motion of any interested person, may quash such levy upon satisfactory proof that the judgment was obtained without just cause and solely for t…