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§12-1148.10A.
§12-1148.10A.
A. The plaintiff or agent of the plaintiff or officer shall
immediately notify the defendant in person or by posting of said
notice that the plaintiff or agent of the plaintiff or officer shall
return in forty-eight (48) hours to restore the plaintiff possession
of the premises by executing the writ prescribed in Section 1148.10 of
this title and shall make levy to collect the amount of the judgment
and all accruing costs.
B. The original writ of execution issued as provided by Section
1148.10 of this title shall be filed in the action in the manner
provided for judgments in civil cases.
C. The plaintiff or agent of the plaintiff may execute the writ upon
the defendant by personally serving a certified copy of the writ upon
the defendant or upon a person authorized to receive service of
process as provided by Section 2004 of this title. If the plaintiff or
agent of the plaintiff is unable to personally serve the defendant or
a person authorized to receive service of process as provided by
Section 2004 of this title, the plaintiff or agent of the plaintiff
may post a notice in a conspicuous place at the premises address that
the plaintiff or agent of the plaintiff shall return at a specified
date and time, which shall be not less than forty-eight (48) hours
from the time of posting, to restore the plaintiff to possession of
the premises by executing the writ prescribed in Section 1148.10 of
this title.
D. Any person who wrongfully refuses to surrender possession of the
premises described in the writ of execution upon service of the writ
by the plaintiff or the agent of the plaintiff shall, upon conviction,
be deemed guilty of a trespass and may be punished by a fine in an
amount not to exceed Five Hundred Dollars ($500.00) or by confinement
in the county jail for a period not to exceed thirty (30) days or by
both such fine and imprisonment.
E. The plaintiff or the agent of the plaintiff may summon either the
sheriff of the county or the law enforcement agency of the city or
town in which the premises are located for assistance in executing the
writ.
F. The plaintiff's, the agent of the plaintiff's, or the officer's
return shall be as upon other executions. Within two (2) days of the
date of the judgment, the defendant may post supersedeas bond
conditioned as provided by law. This time limit may be enlarged by a
trial judge's order to not more than seven (7) days after the date of
judgment. The posting of a supersedeas bond shall not be construed to
relieve the defendant of his duty to pay current rent as it becomes
due while the appeal is pending. The rent shall be paid into the court
clerk's office together with poundage. If there be controversy as to
the amount of rent, the judge shall determine by order how much shall
be paid in what time intervals. Withdrawal by the plaintiff of rent
deposited in the court clerk's office pending appeal shall not operate
to estop him from urging on appeal his right to the possession of the
premises. Failure to pay current rentals while the appeal is pending
shall be considered as abandonment of the appeal.
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