§ 16-106-107 — Enforcement of execution

(a) Whenever an execution against a public debtor shall not be satisfied in the regular course of proceeding and the Attorney General or prosecuting attorney is of the opinion that the lack of satisfaction is caused by fraudulent concealment of the debtor's property, or by any other obstruction thereto, he or she may cause actions to be brought, either in the court in which the judgment was obtained or in any other circuit court within whose jurisdiction the property may be, or the debtor may be found, to set aside the fraudulent conveyances, to remove any obstructions to the execution, or to obtain satisfaction of the judgment. (b) For the purpose of bringing an action, the Attorney General or the prosecuting attorney may employ an attorney to bring the action, or an agent to prepare the suit and attend to the collection of the judgment, and may agree as to a compensation to be paid for their services, either certain or contingent on success. However, the amount of the contingent compensation shall not exceed twenty percent (20%) on the first three hundred dollars ($300) and ten percent (10%) on any excess over that amount. When the compensation is due, the Auditor of State, upon the certificate of the Attorney General or prosecuting attorney, shall issue a warrant on the Treasurer of State.

Legislative History

Civil Code, § 489; Acts 1871, No. 48, § 1 [489], p. 219; C. & M. Dig., § 9305; Pope's Dig., § 11991; A.S.A. 1947, § 34-211.