Deficiency after sale of attached property; sheriff to collect balance as upon an execution.

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If, after selling all the property attached by the sheriff remaining in the sheriff’s hands, and applying the proceeds, together with the proceeds of any debts or credits collected by the sheriff, deducting the fees, to the payment of the judgment, any balance shall remain due, the sheriff shall proceed to collect such balance as upon an execution in other cases. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, shall deliver over to the defendant the attached property remaining in the sheriff’s hands, and any proceeds of the property attached unapplied on the judgment.

[1911 CPA § 218; RL § 5160; NCL § 8716]


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