§ 16-66-104 — Procedure in issuing writs of execution

(a) Form - In General. The form of a writ of execution may be in substance as follows: Click here to view form. (b) Form - Variances. The form of the writ of execution in subsection (a) of this section may be varied to suit each particular case. (c) Notice to Defendant. Upon application for a writ of execution by a qualified judgment creditor, the clerk of the court shall attach to the writ set forth in subsection (a) of this section the following notice: Click here to view form. (d) Service and Return of Notice to Defendant - Mailing of Copies. (1) The notice to defendant together with a copy of the writ of execution shall be served on the judgment debtor by: (A) An officer authorized to serve process simultaneously with seizure or levy of property; or (B) The judgment creditor in the same manner as service of writs or summons before the day the officer authorized to serve process seizes or levies on property of the judgment debtor. (2) If the judgment creditor mails the writ of execution and the notice to defendant, as provided in subdivision (d)(1)(B) of this section, the mail shall be sent to the last known address of the judgment debtor. However, if the writ and notice are refused, unclaimed, or cannot be delivered by the post office, or if the residence address of the judgment debtor is not discoverable after diligent search, then the writ of execution and the notice to defendant shall be sent first-class mail to the judgment debtor at his or her last known residence address and, if known, his or her last place of employment. (e) Mailing of Annual Notice. The judgment creditor shall not be required to serve another notice to defendant on the judgment debtor, by mail or otherwise, for future writs of execution on the same debt within one (1) year of the original writ of execution. If further writs of execution on the same debt are filed thereafter, then the notice shall be required to be served by the judgment creditor annually. (f) Certificate of Service Statement. The circuit clerk shall include as a part of the writ of execution a certification statement of the service required in subsection (d) of this section on the judgment debtor. The judgment creditor, or the authorized officer serving the writ, must complete the certificate of service statement by listing the name and address of the judgment debtor and the date of mailing. The statement must be signed by the judgment creditor or his or her attorney. (g) Hearing. Upon filing a claim of exempt property, a prompt hearing shall be held to determine the validity of the claimed exemptions. Provided, no hearing shall be required and a writ of supersedeas shall issue as to the claimed exemption or exemptions if the judgment creditor files a statement in writing that the judgment debtor's claim of exemption is not contested. (h) Time to Claim Exemption. Upon receipt of a writ of execution and notice to defendant, the judgment debtor shall have twenty (20) days from such receipt to file a petition to claim any of the exemptions provided by law.

Legislative History

Civil Code, § 673; C. & M. Dig., §§ 4254, 4255; Pope's Dig., §§ 5266, 5267; A.S.A. 1947, §§ 30-106, 30-107; Acts 1991, No. 389, § 1.