§ 38-57-260 — Levy of execution; sheriff's fees.

If the fine remains unpaid after filing the order, the director or his designee shall levy on the real or personal property or any interest he may have therein, by issuing execution to the sheriff of the county of residence of the person fined. The sheriff shall proceed upon the execution with like effect and in the same manner prescribed by law with respect to executions issued against property upon judgments of a court of record. The sheriff is entitled to a fee equivalent to five percent of the total amount of the warrant for service in executing the order and the clerk of court is entitled to the same fees for recording the order as one prescribed by law in respect to executions issued against property upon judgments of a court of record. These fees are to be added to and collected with the total amount of the order.

Legislative History

HISTORY: Former 1976 Code SECTION 38-55-350 [1962 Code SECTION 37-1235; 1964 (53) 2293] recodified as SECTION 38-57-260 by 1987 Act No. 155, SECTION 1; 1993 Act No. 181, SECTION 717.