§ 16-66-417 - Executions from court with similar jurisdiction to justice of the peace -- Land exempt -- Procedure when returned unsatisfied.
16-66-417. Executions from court with similar jurisdiction to justice of the peace -- Land exempt -- Procedure when returned unsatisfied.
(a) Land shall not be levied on or sold under execution from a justice of the peace's court or any court of similar jurisdiction.
(b) When an execution on a judgment of a court of similar jurisdiction to the justice of the peace courts has been returned by a constable or other officer, either as to the whole or a part thereof, in substance, "no property found to satisfy the same", the plaintiff may obtain from the justice a certified copy of the judgment and execution and return and file the same in the circuit clerk's office of the county in which the judgment was rendered, which copies shall be copied by the clerk in a book kept for that purpose. Thereupon, the clerk shall issue writs of execution on the judgment for the amount due thereon and the costs, including the costs of the copies by the justice and copying by the clerk, which shall be levied and proceeded on as executions on judgments of the circuit court.