Enforcement of Liens

V.S.A. tit. 15, ch. 11, subch. 5

in effect

15 V.S.A. § 711 Sale of property

711. Sale of property If a party in a cause instituted under the provisions of this chapter and sections 291-294 of this title shall be in default for the period of thirty days upon an order for the payment of money, made according to the provisions thereof, which shall have become a valid lien upon the real or personal property of such party or on the stock of such party in a corporation as provided in this chapter, the court before which such cause is pending, or a Superior judge, may order to be sold at public sale the real or personal property and stock upon which such lien shall exist, or such portion thereof as shall be necessary to satisfy the cost of the sale and the amount in arrears at the time of such order of sale, or so much thereof as such court or judge shall designate.

15 V.S.A. § 712 Whole of real estate may be sold

712. Whole of real estate may be sold If, in the opinion of the court or of such judge, the real estate upon which such lien exists is so constituted as to render it impracticable to divide the same, the whole of such real estate may be ordered to be sold.

15 V.S.A. § 713 Execution

713. Execution Execution signed by the clerk of such court shall issue to carry the order of sale mentioned in sections 711 and 712 of this title into effect and shall be governed by all the provisions and limitations touching executions issued on judgments so far as shall be consistent with sections 714 and 715 of this title.

15 V.S.A. § 714 Disposition of proceeds

714. Disposition of proceeds (a) The sheriff or constable selling such property upon such execution, after deducting his or her lawful fees, shall pay the proceeds to the clerk of such court, who shall disburse such proceeds to the petitioner or other persons entitled to the same pursuant to the terms of such order. (b) If the terms of such order are not fully satisfied by the proceeds so disbursed, the lien upon such property or stock shall attach to the balance of such proceeds. Such proceeds shall be retained by the clerk of such court or deposited in some savings bank, trust company, or other banking institution in this State to the credit of such clerk in such manner as shall be directed in such order of sale. (c) From time to time, out of the proceeds so deposited or held by him or her, the clerk shall thereafterwards pay to such petitioner or other persons designated in such order, such amount as, from time to time, shall become due by the terms thereof, unless the person against whom such order is made shall deposit with the clerk other funds to carry out the terms of such order. (d) When the terms of such order have been fully and finally complied with, all of such proceeds in the hands of the clerk or deposited as shall be paid to the party against whom such order is made.

15 V.S.A. § 715 Subsequent default

715. Subsequent default The same proceedings shall be had in case of any subsequent default after an order of sale has been made as if such prior orders of sale had not been made.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/15/011Fetched: 10/21/2026