12-1559. Levy of writ of execution; real property; personal property; livestock; shares of stock; partnership interests

353 words·~2 min read·/az/title-12/12-1559

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The officer to whom the writ is directed shall make the levy as follows:

1. To levy on real estate it is sufficient that the officer endorse the levy on the writ of execution and record with the county recorder of the county where the real property is situated a copy of the writ with the endorsement of levy thereon.

2. To levy on personal property the officer shall take possession when the defendant in execution is entitled to the possession. When the defendant in execution has an interest in personal property but is not entitled to possession of the property, a levy shall be made by giving notice of the levy to the person who is entitled to possession, or to one of them when there are several.

3. To levy upon livestock running at large on a range and which cannot be herded or penned without great inconvenience and expense, it is sufficient that the officer designate, by reasonable estimate, the number of animals, describing them by their marks and brands or either. Such levy shall be made in the presence of two or more persons, and notice of the levy shall be given in writing to the owner or his herder or agent, if residing within the county and known to the officer making the levy. A copy of the writ and the return shall be recorded by the officer with the county recorder of the county where the levy is made.

4. To levy on personal property which, by reason of its bulk or other cause, cannot be immediately removed, it is sufficient that the officer, within three days after the levy, record with the county recorder of the county in which the property is located a certified copy of the execution and of the return of the levy thereon.

5. To levy on the stock of a corporation the officer shall proceed as provided in section 47-8112.

6. To levy on the interest of a partner in partnership property the officer shall leave notice with one or more of the partners or with a clerk of the partnership.