Miscellaneous Provisions

V.S.A. tit. 12, ch. 183, subch. 5

in effect

12 V.S.A. § 5401 Orders and judgment of court

5401. Orders and judgment of court Upon the abatement, dismissal, nonsuit, default, or trial of an action of replevin, the court shall make such order for the return or restoration of the goods as is just, and may take such inquest of damages in the premises as the rights of the parties require, and render judgment thereon accordingly. When such replevin terminates otherwise than upon the merits, such court may make such special order as to the return or restoration of the goods or as to damages, and may require such security in the premises, from either party, as is just.

12 V.S.A. § 5402 Sums received by creditor, how applied

5402. Sums received by creditor, how applied Sums received by the creditor from the sale of goods attached or taken in execution and afterward returned and sums received for the value of such goods not returned and sums recovered from the officer for the insufficiency of the sureties in the bond, shall be applied toward the discharge of the judgment recovered by the creditor. Sums received as interest or damages for the delay of his or her execution shall be retained to his or her own use, and shall not go in discharge of the judgment further than to discharge the interest on the same for the time for which interest was received.

12 V.S.A. § 5403 Remedy on bond not affected

5403. Remedy on bond not affected The foregoing provisions shall not preclude the defendant from resorting to his or her remedy on the replevin bond or to his or her remedy against the officer for the insufficiency of the sureties in the bond, to recover the value of the goods, with the loss or damage caused by the replevin or nondelivery thereof, notwithstanding he or she has endeavored to recover the same by the writs of return and reprisal.

12 V.S.A. § 5404 Action against surety limited

5404. Action against surety limited An action shall not be maintained against a surety in a replevin bond unless the writ is served on the surety within one year after final judgment in the action of replevin. Amended 1971, No. 185 (Adj. Sess.), § 167, eff. March 29, 1972.

12 V.S.A. § 5405 Direction and service of writ

5405. Direction and service of writ A writ of replevin shall not be directed to or served by a person other than an officer authorized by law to serve the same.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/12/183Fetched: 10/21/2026