§ 16-66-301 - Petition to judge, stay, quash, or set aside execution -- Proceedings.
16-66-301. Petition to judge, stay, quash, or set aside execution -- Proceedings.
(a) If any person against whom any execution has been issued applies to the judge of the court out of which the execution or order of sale was issued, by petition verified by affidavit, setting forth good cause why the execution ought to be stayed, set aside, or quashed, reasonable notice of the intended application having been previously given to the adverse party or his or her agent or attorney of record, the judge shall, upon the application, hear the complaint.
(b) (1) If it appears that the execution ought to be stayed, set aside, or quashed and the petitioner enters into a recognizance with sufficient security in such sum as may be reasonable to be taken and approved by the judge, conditioned that if the application is determined against the petitioner, he or she will pay the debt, damages, and costs, to be recovered by the execution or order of sale, surrender in execution his or her property liable to be seized, taken, and sold by the execution or order of sale, or that the sureties will do it for him or her, then the judge shall make an order for the stay of the execution or order of sale as aforesaid.
(2) However, all property real and personal bound by the execution or order of sale shall remain bound as if no such stay had been granted.
(c) On the presentation of a certified copy of the order to the officer having charge of the execution or order of sale, he or she shall immediately return the execution or order of sale without further action.
(d) The judge shall return the petition and proceedings thereon, duly certified, to the court out of which the execution was issued or the order of sale made returnable. The clerk of that court shall enter the petition and proceedings upon the docket, and the court shall hear and determine the petition and proceedings in a summary manner, according to right and justice, and may award a perpetual stay of or quash the execution or order of sale, or may order the execution or order of sale to be enforced.