16-65-202. Judgments against officers or securities on defaults.

16-65-202. Judgments against officers or securities on defaults. (a)(1) Judgment shall be rendered summarily against the persons and their securities and for the defaults stated in subsections (b)-(d) of this section. (2) The motion may be made by the party aggrieved or his or her legal representatives against the person in default and his or her securities upon his or her official bond. (3) Judgment shall be rendered against such of the parties, whether principal or surety, as may have received notice of the intended motion. (b) Judgments shall be rendered for the plaintiffs in the following cases against the sheriff, coroner, or constable receiving or executing the writ: (1) For willully failing to return an execution, the amount of the judgment on which it was issued, including all the costs and ten percent (10%) thereon; (2) On demand of the plaintiff or his or her agent or attorney for willfully failing to pay over money collected upon an execution, judgment for the amount so collected, and ten percent (10%) per month damages from the time such demand was made; (3)(A) Judgment for the amount of the execution, interest, costs, and ten percent (10%) damages for willfully failing to make the money on an execution which by due diligence could have been made. (B) However, the sheriff or other officer shall have the same defenses that now exist by law with regard to property, the title to which is contested; (4) For willfully making a false return upon an execution, judgment for the amount of the execution, interest, and costs, and ten percent (10%) damages thereon; (5) For willfully failing to endorse on an execution the true date of its delivery to him or her, judgment for twenty percent (20%) on the amount of the execution, and the officer shall also be responsible for any injury or loss which may arise from the omission; (6)(A) For willfully failing to execute a summons, attachment, or other mesne process which, by due diligence, could have been executed, judgment for a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) to be ascertained by a jury. (B) This remedy shall not preclude the party injured from a resort to other legal means of redress; and (7) Judgment in favor of the party or officer, as the case may be, for the amount for which he or she is liable, and ten percent (10%) per month thereon from the time the money should have been paid, until paid, for willfully failing to pay on demand to the party or officer entitled to receive the same all money received by him or her in his or her official capacity, and which it is by law his or her duty to pay over, whether it is for fines, forfeitures, costs, or other indebtedness. (c) In the manner prescribed in subsection (a) of this section, judgment shall be rendered in favor of the defendant against the officers and their securities named in that subsection on the notice therein specified: (1) For willfully failing to pay over on demand any excess of money which may remain upon a sale by execution, after the satisfaction thereof, and the costs, judgment for the amount of such excess and five percent (5%) per month after demand; (2) For willfully failing to return an execution, wholly or partially satisfied, twenty-five percent (25%) on the amount paid; and (3) For willfully failing to pay over on demand money paid or collected on an execution, the whole or any part of which is enjoined in circuit court or the judgment on which the execution issued has been reversed or set aside in any manner or the execution superseded or quashed, judgment for the amount and five percent (5%) per month on the amount from the time the execution was returnable. (d) Judgment shall be rendered against the clerk and his or her sureties, in the manner prescribed in subsection (a) of this section, upon the notice prescribed and shall be rendered in favor of the plaintiff: (1) Twenty-five percent (25%) on the amount of the debt for willfully failing to issue an execution upon a forfeited delivery bond within five (5) days after the return thereof to his or her office by the proper officer; (2) Twenty-five percent (25%) on the amount of the judgment for willfully failing to issue execution upon any judgment, order, or decree in his or her office on request of the party interested, or his or her agent or attorney; and (3)(A) Judgment for a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), to be ascertained by a jury, for willfully failing to issue an attachment, summons, or other mesne process, which the party applying may be entitled to have issued. (B) This remedy is not to preclude the party injured from a resort to other legal means of redress.