6-6-681
Section 6-6-681 Judgment in favor of defendant. Judgment must, in like manner, be entered
in favor of the defendant in execution against the sheriff or coroner, on three days' notice,
in the following cases: (1) For failure to pay over on demand any excess of money which may
remain upon a sale under execution after satisfaction thereof and of the costs, for the amount
of such excess and five percent per month after demand; (2) For failing to return an execution
wholly or partially satisfied, for 25 percent on the amount paid; and (3) For failing to pay
over on demand money paid or collected on an execution, the whole or any part of which is
enjoined, for the amount so enjoined and five percent per month on the amount from the time
of the demand. (Code 1852, §§2608-2611; Code 1867, §§3038-3041; Code 1876, §§3363-3366;
Code 1886, §§3107-3110; Code 1896, §§3775-3778; Code 1907, §§5911-5914; Code 1923, §§10238-10241;
Code 1940, T. 7, §596.)...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs;
issuance of execution against sheriff, etc., failing to return, levy, or collect execution
issued against plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks
of the courts of appeals, clerks of the circuit courts and probate judges, upon return of
an execution "no property found" against the defendant by the proper officer of
the county in which the judgment was entered, or, if the execution is from the Supreme Court
or courts of appeals, of the county from which the case was brought, may issue execution against
the plaintiff or appellant, as the case may be, for the costs actually created by the plaintiff
or appellant, but for none other, to be collected and returned as other executions. (b) Judgment
may be entered on motion in the circuit court of such county, in the name of the clerk or
probate judge issuing the execution, against the sheriff or his sureties, or either of...

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6-6-680
Section 6-6-680 Judgment against sheriff, etc., receiving or executing writ. Judgment
must be entered for the plaintiff, on three days' notice, against the sheriff, coroner, or
other officer receiving or executing the writ in the following cases: (1) For failing to return
an execution, 20 percent on the judgment; (2) For failing to pay over money collected upon
an execution, on demand of the plaintiff, his agent, or attorney, for the amount so collected
and five percent per month damages from the time such demand was made; (3) For failing to
make the money on an execution, which by due diligence could have been made, for the amount
of the execution, interest, and 10 percent damages thereon; (4) For fraudulently making a
false return, for the amount of the execution, interest, and 10 percent damages thereon; (5)
For failing to notify the plaintiff, his agent, or attorney of the collection of money by
execution, for five percent per month on the amount collected from the time when the...
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6-9-93
Section 6-9-93 Sale of levied property - Payment to debtor. When, at an execution sale,
the amount of the sale exceeds the judgment, interest and costs, the excess must be paid to
the debtor or his legal representative. When money is paid or collected on an execution, the
whole or any part of which is enjoined, the same must, on demand, be refunded to the debtor
or his legal representative if it has been paid over to the plaintiff, his agent or attorney
without notice of the injunction. (Code 1852, §2452; Code 1867, §2866; Code 1876, §3204;
Code 1886, §2913; Code 1896, §1911; Code 1907, §4118; Code 1923, §7833; Code 1940, T.
7, §545.)...
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6-6-700
Section 6-6-700 Entry of judgment against clerk, register, or their sureties. Judgment
must, in like manner, be summarily entered against the clerk of the circuit court and his
sureties, or either of them, and against the register in circuit court and his sureties, or
either of them, on three days' notice, in the following cases: (1) In favor of the plaintiff
in execution for failure to enter on the execution docket the return made upon an execution
by the proper officer, within three days after the return is made, for 20 percent on the amount
of the execution and interest thereon; (2) For failing on demand to pay over money received
by him on any judgment or paid into court, on a plea of tender, other plea, or by rule of
court, for the sum so received by him with five percent per month on the amount from the time
of the demand; (3) For failing to notify the plaintiff, his agent, or attorney under the provisions
of Section 6-9-92, which are made to apply to such clerk, of the...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a)
Generally. The contributions, interest, and penalties required to be paid under this chapter
shall be a first and prior lien upon all property and rights to property, real or personal,
of any employer subject to this chapter. The lien shall arise at the time the contribution
report, or the payment of the contributions, as the case may be, was due to have been filed
with or made to the Department of Labor. The secretary may file in the office of the judge
of probate of any county in this state a certificate which shall show the name of the department
for which it is filed, the amount and nature of the contributions, interest, and penalties
for which a lien is claimed together with any costs that may have accrued, the name of the
employer against whose property a lien for such contributions, interest, and penalties is
claimed and the date thereof. An error in the certificate of the amount shall not...
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6-8-85
Section 6-8-85 Judgment for defendant - Permissive counterclaims. If the debt or demand
permissively counterclaimed exceeds the amount of the plaintiff's demand, the amount of such
excess being found by the jury or court trying the same, judgment must be entered against
the plaintiff for costs and in favor of the defendant for such excess, and where there is
more than one defendant and the debt or demand permissively counterclaimed belongs to only
one defendant, then judgment for such excess must be entered in favor of such defendant for
such excess. (Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679;
Code 1896, §3729; Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)...
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6-6-454
Section 6-6-454 Judgment where answer admits indebtedness to defendant. If the garnishee
answers and admits indebtedness to the defendant, judgment thereon must be entered against
him, after judgment against the defendant, for the amount so admitted, if less than the amount
of the judgment against the defendant, or, if more or equal thereto, for the amount thereof;
and if the debtor demand is not then payable, execution must be suspended until its maturity.
(Code 1852, §2541; Code 1867, §2969; Code 1876, §3294; Code 1886, §2976; Code 1896, §2191;
Code 1907, §4320; Code 1923, §8071; Code 1940, T. 7, §1015.)...
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6-6-79
Section 6-6-79 Proceedings against sheriff and sureties for money received in sale of
perishables. The sheriff and his sureties, or either of them, may be proceeded against by
motion, on one day's notice, at the instance of the plaintiff or of the defendant if the plaintiff
fails in the action for any money received for the sale of perishable property and judgment
entered against him, or them, for the amount and five percent a month from the time of the
demand. (Code 1852, §2530; Code 1867, §2958; Code 1876, §3284; Code 1886, §2962; Code
1896, §553; Code 1907, §2953; Code 1923, §6201; Code 1940, T. 7, §874.)...
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