16.1-121 - Order after hearing.

§ 16.1-121. Order after hearing.

After hearing the parties or such of them as may attend after being summoned,and such witnesses as may be introduced by either party, the judge shallorder the officer, or the possessor of any money or other personal estate, todeliver the same to the claimant, if he be of opinion that the same belongsto the claimant; but if he be of opinion that the property, money or otherpersonal estate, or any part thereof, belongs to the person against whom theexecution or warrant of distress issued, he shall order the officer wholevied on the same to sell the property so liable, to satisfy the executionor warrant of distress; or when there is money or other personal estate inthe possession of a bailee or garnishee, he shall order the bailee orgarnishee, as the case may be, to make delivery to the execution creditor ofall such money or other personal estate so found to belong to the executiondebtor, or so much thereof as may be necessary to satisfy the execution; andhe may give such judgment respecting the property, the expense of keeping it,any injury done by it, and for the costs, as may be just and equitable amongthe parties.

(1956, c. 555.)