§ 16-66-418 - Discovery in aid of execution -- Equitable proceedings -- Attachment.
16-66-418. Discovery in aid of execution -- Equitable proceedings -- Attachment.
(a) (1) After an execution of fieri facias directed to the county in which the judgment was rendered or to the county of the defendant's residence is returned by the proper officer, either as to the whole or part thereof, in substance, no property found to satisfy the execution, the plaintiff in the execution may institute an action in the court from which the execution issued, or in the court of any county in which the defendant resides or is summoned, for the discovery of any money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled, and for subjecting the money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled to the satisfaction of the judgment.
(2) In such actions, persons indebted to the defendant in the execution or holding the money or property in which he has an interest, or holding the evidences or securities for the same, may be also made defendants.
(b) The answers of each defendant shall be verified by his or her own oath and not by that of an agent or attorney, and the court shall enforce full and explicit discoveries in the answers by attachment.
(c) In the actions mentioned in the preceding subsections, the plaintiff may have an attachment against the property of the defendant in the execution, similar to the general attachments provided for in Chapter III of Title VIII of the code, without either the affidavit or bond therein required.
(d) A lien shall be created upon the property of the defendant, the levy of the attachment, or service of the summons with the object of the action endorsed thereon, on the person holding or controlling his property.
(e) The court shall enforce the surrender of the money, or security therefor, or of any other property of the defendant in the execution which may be discovered in the action. For this purpose, the court may commit to jail any defendant or garnishee failing or refusing to make such surrender, until it shall be done, or the court is satisfied that it is out of his or her power to do so.