2002 Minnesota Statutes

     550.04 Execution, how issued; contents. 

    The execution shall be under the seal of the court, 
 subscribed by the court administrator, directed to the sheriff, 
 to the coroner, if the sheriff be a party or interested, or to 
 the judgment creditor or the judgment creditor's attorney, if 
 issued under section 550.041, and endorsed by the party applying 
 therefor or the party's attorney.  It shall refer intelligibly 
 to the judgment, stating the court, the county where the 
 judgment roll or transcript is filed, the names of the parties, 
 the amount of the judgment, if it be for money, the amount 
 actually due thereon, together with accrued interest to the date 
 of issuance and the amount of daily interest accruing during the 
 calendar year, and the time of docketing in the county to which 
 the execution is issued.  When issued to the sheriff or coroner, 
 it shall require the officer substantially as follows: 

    (1) If it be against the property of the judgment debtor, 
 to satisfy the judgment, with interest, out of the debtor's 
 personal property, and, if sufficient personal property cannot 
 be found, out of the real property belonging to the debtor on 
 the day when the judgment was docketed in the county, or at any 
 time thereafter not exceeding ten years; 

    (2) If real property has been attached, and judgment 
 rendered in favor of the plaintiff in the same action, the 
 execution thereon may also direct a sale of all the property 
 which the defendant had in such real estate at the time it was 
 so attached, or at any time after entry of judgment not 
 exceeding ten years; in such case, if after the attachment the 
 judgment creditor has paid taxes on the real property and filed 
 with the court administrator the tax receipt, it shall be 
 attached to the judgment roll, and the execution shall also 
 state that it has been filed, and the date and amount thereof, 
 and the date of filing; and, if the property be sold under the 
 execution, the proceeds, after deducting the expenses of sale, 
 shall be first applied to the payment of the amount so paid for 
 taxes, with interest; 

    (3) If it be against real or personal property in the hands 
 of personal representatives, heirs, devisees, legatees, 
 trustees, or tenants of real property, it shall require the 
 officer to satisfy the judgment, with interest, out of such 
 property; 

    (4) If it be against defendants jointly indebted on a 
 contract, a part of whom only have been summoned in the action, 
 it shall issue in form against all; but the party causing it to 
 be issued, or the party's attorney, shall endorse thereon the 
 names of those defendants who have not been summoned, and it 
 shall not be levied upon the sole property of any such 
 defendant; but it may be levied upon the personal property owned 
 by such defendant as a partner with any or all of the other 
 defendants; 

    (5) If it be for delivery of the possession of real or 
 personal property, it shall require the officer to deliver 
 possession of the same, particularly describing it, to the party 
 entitled thereto; and it may, at the same time, require the 
 officer to satisfy, out of the personal property of the party 
 against whom the judgment was rendered, any costs, charges, 
 damages, rents, or profits recovered thereby, and the value of 
 the property for which the judgment was recovered, to be 
 specified therein, if a delivery thereof cannot be had; and if 
 sufficient personal property cannot be found, then out of the 
 real property, as provided in clause (1), and in that respect it 
 shall be deemed an execution against property. 

    HIST: (9419) RL s 4290; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1987 c 273 s 4