32-08.1-21. Judgment for plaintiff - How satisfied.
273 words·~1 min read·
/nd/title-32/chapter-32-08-1-attachment/32-08-1-21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When the plaintiff recovers judgment in the action, the sheriff or officer shall satisfy the same out of the property attached, if sufficient therefor:
1. By paying over to such plaintiff all money attached or received upon sales of property,
or upon any debts or credits, or so much thereof as shall be necessary.
2. By selling, under such execution as may be issued on such judgment, so much of the
attached property, real or personal, as shall be necessary to satisfy the balance
unpaid, according to the provisions regulating sales upon execution, except as
provided in subsection 4.
3. If any of the attached property belonging to the defendant is not in the sheriff's hands,
without having been sold or converted into money, by repossessing the same, and for
that purpose, the sheriff shall have all the authority which the sheriff had to seize the
same under the writ of attachment. Any person who shall willfully conceal or withhold
such property from the sheriff shall be liable to double damages at the suit of the party
injured.
4. Until the judgment against the defendant shall be paid, by proceeding to collect the
evidences of debt that may have been seized or attached by virtue of the writ of
attachment, and to prosecute any bond the sheriff may have taken in the course of
such proceedings, and apply the proceeds thereof to the payment of the judgment and
costs. When the judgment and all costs of the proceedings shall have been paid, the
sheriff, upon reasonable demand, shall deliver over to the defendant the residue of the
property attached, or the proceeds thereof.