§ 16-110-114 - Attachment on property claimed by another.
               	 		
16-110-114.    Attachment on property claimed by another.
    (a)  When  any sheriff shall levy a writ of attachment upon property claimed by a  person not a party to the writ, the person may make oath to the  property. The property shall then be delivered to the claimant upon him  or her, or his of her attorney, giving bond in favor of the plaintiff,  with good and sufficient security, to be approved by the sheriff, in a  sum double the value of the property attached.
(b)  Value  shall be ascertained by the oaths of two (2) citizens of the county  where the writ is levied, to be chosen by the sheriff, on the condition  that he or she will interplead at the term of the court to which the  writ shall be returnable and that he or she will prosecute the  interpleader to judgment without delay. If, on the trial of the  interpleader, the property shall be found to be the property of the  defendant in the writ and the plaintiff shall recover judgment against  the defendant, the property shall be delivered to the sheriff, or his or  her successor in office, whenever demanded by the sheriff, after  execution upon the judgment comes to his or her hand to be levied  thereon. The bond shall be returned by the sheriff with the writ.
(c)  If  any person to whom the property is so returned shall neglect or refuse  to deliver the property to the sheriff in office, in accordance with the  condition of the bond, it shall be the duty of the sheriff, forthwith,  to return the writ of fieri facias, issued upon the judgment rendered in  the cause, setting forth the fact that the condition of the bond has  been broken.
(d)  The bond shall, in  addition to the provisions of subsections (a)-(c) of this section,  contain a condition, that in case the property so levied upon shall not  be delivered, the bond shall have the force and effect of a judgment for  the amount of the appraised value of the property and the costs of  interpleading, if the appraised value is less than the amount of the  judgment rendered in favor of the plaintiff against the defendant, and  if the appraised value exceeds the amount of the judgment, then for the  amount of the judgment, and all the costs, on which judgment execution  may be issued against all the obligors thereof.
(e)  On  the return of the writ of fieri facias, showing the forfeiture of the  bond, it shall be the duty of the clerk of the court to which the writ  is returned to issue an execution in favor of the plaintiff against all  obligors, for the amount which may be due on the forfeited bond, in  accordance with the provisions of subsections (a)-(d) of this section.