60-2419. Proceedings in aid of execution.
60-2419
60-2419. Proceedings in aid of execution.When an execution against the judgment debtor or one of several debtorsin the same judgment issued to the sheriff of the countywhere the debtorresides or, if the debtor does not reside in the state, to the sheriffof the county wherejudgment was rendered or a transcript of the judgment has beenfiled, is returned unsatisfied in whole or in part, the judgment creditoris entitled to have an order for a hearing in aid ofexecution by the district courtof the county to which the execution was issued. If ajudgment creditor, without having attempted execution, alleges that thejudgment creditor is without sufficient knowledge of the debtor's assets toadvise the sheriff where and on what to levy execution, the judgmentcreditor shall be entitled to have an order for a hearing in aid ofexecution by the district court of the county where the debtor resides anda transcript of the judgment has been filed or, if the debtor does notreside in the state, where judgment was rendered or a transcript of thejudgment has been filed. An order for a hearing in aid of execution shallrequire the judgmentdebtor toappear and answer concerning the debtor's property and income, beforethe judge, or a refereeappointed by the judge, at a time and place specified in the order,within the county where the courtis located. Witnesses may also besubpoenaed to testify at the hearing. If, on proper application by thejudgment creditor, the court finds that it will not cause undue hardship onthe judgment debtor, the court may order a debtor residing in anothercounty in this state to appear before the court for such a hearing.
Ifany person fails, neglects or refuses to appear and answer concerning theperson's property and income at the time and placespecified in anorder for a hearing in aid of execution or, if anyperson subpoenaed to appear as a witness at the hearing fails, neglectsor refuses to appear or totestify concerning anything about which the person canlawfully be interrogated, the person shall be guilty ofcontempt of court, and thecourt shall issue a citation requiring theperson, at an early date specified in the citation, to appear beforethe court and show cause, if any,why the person should not be punished for contempt.If, after proper service of the citation by any officer or other person,the person does notappear before the court on the specified day or ifit appears to the court that the person is hidingto avoid the processof the court or is about to leave the county for that purpose, the courtmay issue an attachment or bench warrant commanding the officer to whom itis directed to bring the person before the court to answer for contempt.If the court determines that any such person is guilty of contempt, the person shallbe punished as the court directs.
At a hearing in aid of execution,when the existence of any nonexempt property of the judgment debtor isdisclosed, the court shall order the debtor to deliver the property to thesheriff and shall also order the sheriff to accept its delivery.Upon receipt of the property, the sheriff shall give areceipt for it. If the property is other than currency, the sheriffshall sell the property, in the same manner as other property taken underexecution issold and the proceeds from the sale shall be applied to the judgment andcosts.
If upon thehearing, it appears that thedebtor may have income or property which the debtor willhave in the future or refuses to discloseor apply to thejudgment, the debtor may be ordered to return to thecourt from time totime, to appear before the court as the judge directs. Any debtorwho fails to appear before the court as so ordered is guilty ofcontempt. The same procedure as providedabove may be invoked atany time nonexempt property of the debtor is disclosed.
History: L. 1963, ch. 303, 60-2419; L. 1972, ch.226, § 1; L. 1976, ch. 251, § 36; L. 1984, ch. 215, § 1; July 1.