25-14-102. Procedure when debtor withholding property from execution -- arrest. (1) After the issuing of an execution against property and upon proof, by affidavit of a party or otherwise, to the satisfaction of a judge of the court that any judgment debtor has property that the judgment debtor unjustly refuses to apply toward the satisfaction of the judgment, the judge may, by an order, require the judgment debtor to appear at a specified time and place before the judge or a referee appointed by the judge to answer concerning the refusal. Proceedings may be had for the application of the property of the judgment debtor toward the satisfaction of the judgment that are provided for upon the return of an execution.

(2) Instead of the order requiring the attendance of the judgment debtor, the judge may, upon affidavit of the judgment creditor or the judgment creditor's agent or attorney, if it appears to the judge that there is danger of the debtor absconding, order the sheriff to arrest the debtor and bring the debtor before the judge. Upon being brought before the judge, the judgment debtor may be ordered to enter into an undertaking with sufficient surety that the judgment debtor will attend from time to time before the judge or referee, as may be directed during the pendency of proceedings and until the final determination of the proceedings, and will not in the meantime dispose of any portion of the judgment debtor's property that is not exempt from execution. In default of entering into the undertaking, the judgment debtor may be committed to prison.

History: En. Sec. 216, p. 88, Bannack Stat.; en. Sec. 239, p. 184, L. 1867; re-en. Sec. 288, p. 90, Cod. Stat. 1871; re-en. Sec. 339, p. 133, L. 1877; re-en. Sec. 339, 1st Div. Rev. Stat. 1879; re-en. Sec. 351, 1st Div. Comp. Stat. 1887; re-en. Sec. 1261, C. Civ. Proc. 1895; re-en. Sec. 6849, Rev. C. 1907; re-en. Sec. 9455, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 715; re-en. Sec. 9455, R.C.M. 1935; R.C.M. 1947, 93-5902; amd. Sec. 469, Ch. 56, L. 2009.