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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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