Any officer who knowingly levies on or sells any property of a debtor which is exempt under this article, a schedule of which shall have been returned as required, shall be guilty of a trespass. An action may be brought therefor in the name of the wife or family of the debtor, and the recovery shall be for their exclusive use.
(Orig. Code 1863, § 2019; Code 1868, § 2019; Code 1873, § 2046; Code 1882, § 2046; Civil Code 1895, § 2872; Civil Code 1910, § 3422; Code 1933, § 51-1501.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 31 Am. Jur. 2d, Exemptions, § 141. 40 Am. Jur. 2d, Homesteads, § 104.
C.J.S.- 40 C.J.S., Homesteads, § 139.
ALR.
- Availability of judgment under which exempt property has been seized as a set-off or counterclaim against claim based on wrongful seizure, 20 A.L.R. 276.
ARTICLE 3 DOMESTICATED JUDGMENT
Effective date.
- This article became effective July 1, 2004.