RULE 69. EXECUTION ON JUDGMENTS

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Rule 69.06: Execution on Personalty.

(1) Levy.  A levy is effective when the sheriff with a writ of execution exercises control over the judgment debtor’s personalty.

(2) Lien of Levy.  A lien of levy in the judgment creditor’s favor is effective when the sheriff levies on the judgment debtor’s personalty. The first judgment creditor to deliver a writ of execution to the sheriff, as shown by record in the clerk’s office, has priority over other judgment creditors as to the property levied upon. A lien of levy remains effective until the property is sold or otherwise released from the sheriff’s control.

(3) Sale.  The sheriff shall sell personalty by auction. At least ten days before the sale a notice generally describing the personalty and stating the time, place, and terms shall be published in a newspaper of general circulation at the judgment creditor’s expense, taxable as court costs. If the personalty is perishable no notice of sale is required.

Proceeds of the sale shall be applied first to the sheriff’s statutory fees and reasonable expenses, then to court costs, then to the judgment creditor, and then any remaining balance to the judgment debtor.

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