Generally

V.S.A. tit. 12, ch. 111, subch. 1

in effect

12 V.S.A. § 2681 Executions in Supreme and Superior Courts; time

2681. Executions in Supreme and Superior Courts; time (a) The Supreme and Superior Courts may issue executions on final judgments rendered by them, which shall be made returnable within 60 days from the date thereof. Such executions may be issued so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment, except as provided in subsection (b) of this section. (b) Executions on small claims court judgments may be made so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment. Actions to renew small claims court judgments shall be brought by filing a complaint in small claims court prior to the expiration of the judgment, and may be made for the amount of the judgment and any postjudgment costs, fees, and interest allowed by law. Amended 1971, No. 185 (Adj. Sess.), § 65, eff. March 29, 1972; 1979, No. 67, § 5, eff. date, see note set out below; 2007, No. 39, § 6.

12 V.S.A. § 2682 Names of attorneys to be indorsed

2682. Names of attorneys to be indorsed The name of an attorney of record for the plaintiff, and for the defendant, if any, shall be indorsed on such execution by the officer signing the same.

12 V.S.A. § 2683 Executions on judgments of Superior Courts; time

2683. Executions on judgments of Superior Courts; time Executions issued upon a judgment rendered by a Superior Court shall be made returnable within 60 days from the date thereof. Such executions may be issued so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment. Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 18, eff. April 9, 1974; 1979, No. 67, § 6, eff. date, see note set out below; 2025, No. 165 (Adj. Sess.), § 6, eff. June 18, 2026.

12 V.S.A. § 2684 Collection of execution enjoined, time not reckoned

2684. Collection of execution enjoined, time not reckoned When the collection of an execution in the hands of an officer is enjoined, such officer may retain the same. If the injunction is vacated, the time between the issuing and vacating thereof shall not be included in counting the number of days the execution has to run. Upon the vacating of such injunction, the clerk of the Superior Court, on demand, shall give the plaintiff in such execution a certificate of the date of the injunction and when vacated. On receipt of such certificate, the officer holding such execution shall proceed to levy and collect the execution, and shall annex such certificate to his or her return thereon. 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972.

12 V.S.A. § 2685 Continuance of subsequent attachments

2685. Continuance of subsequent attachments If attached property is encumbered by a prior attachment, the subsequent attachment shall continue after the removal of the encumbrance for such time as the Supreme Court may by rule provide for the continuance of attachments generally. Amended 1971, No. 185 (Adj. Sess.), § 66, eff. March 29, 1972.

12 V.S.A. § 2686 Execution for subsequent attaching creditor

2686. Execution for subsequent attaching creditor (a) When a subsequent attaching creditor recovers judgment while a prior action is pending, on which the same property is attached, he or she may take an execution on such judgment at any time within 30 days after all prior attachments are discharged, if the property attached is personal property, and, if real estate, within five months after the prior attachments are discharged, though more than a year and a day have passed after the rendition of such judgment. If an execution was taken out at the time of the rendition of such judgment, which is unsatisfied, the plaintiff may take out other executions thereon within the time aforesaid, though the judgment has lain dormant for more than a year and a day. Such execution, or other executions, if so taken out, shall hold the lien on the goods or estate so attached, if put into the hands of the attaching officer within 30 days after the discharge of all liens on such property, if the property was personal, or five months, if real estate. (b) If more than a year and a day have expired from the rendition of the judgment, the magistrate issuing such execution shall state therein that the plaintiff was a subsequent attaching creditor.

12 V.S.A. § 2688 Officer to endorse time of receiving; preference

2688. Officer to endorse time of receiving; preference When an execution issued on a judgment is received by an officer authorized by law to levy and serve the same, he or she shall endorse thereon, without fee, the day of the month and year when he or she received it. If two or more executions are delivered to him or her against the same person, the one first delivered shall be first satisfied.

12 V.S.A. § 2689 Officer to demand payment

2689. Officer to demand payment Such officer shall repair to the debtor’s usual place of abode, if within his or her precinct, and demand of the debtor the sum required to be levied by such execution, with the interest thereon, and the charges for serving the same.

12 V.S.A. § 2690 Appointment of agent of creditor

2690. Appointment of agent of creditor When an execution is delivered to an officer for service in a county other than that in which the creditor or his or her attorney of record resides, such creditor or such attorney shall endorse on the execution the name of a person in the county in which the execution is to be levied, to be the agent of the creditor for the purpose of receiving the money on such execution and for giving to or receiving from such officer necessary notices relating thereto. Notices given to such agent shall be as effectual as if given to the creditor.

12 V.S.A. § 2691 Executions against trustees of colleges or proprietors of undivided lands

2691. Executions against trustees of colleges or proprietors of undivided lands When judgment is rendered against the trustees of colleges or academies or proprietors of undivided lands, execution shall issue against the goods, chattels, or lands of such trustees or proprietors.

12 V.S.A. § 2692 Invalid and informal levies—New execution

2692. Invalid and informal levies—New execution When an execution is levied on real or personal estate, and it afterwards appears that the estate did not belong to the debtor, or was encumbered by a mortgage not regarded in a sale thereof on execution, by reason of which the levy and sale are void, the court, upon motion, notice, and hearing, may issue an execution for the original execution, or so much thereof as was satisfied by the levy, and the costs thereon with interest on the same from the time of the levy, and the costs of the motion. Amended 1971, No. 185 (Adj. Sess.), § 67, eff. March 29, 1972.

12 V.S.A. § 2693 When costs not allowed

2693. When costs not allowed When it appears that the estate was turned out to the officer by the creditor or taken without the consent of the debtor, the creditor shall not recover costs on the former execution or on the motion. Amended 1971, No. 185 (Adj. Sess.), § 68, eff. March 29, 1972.

12 V.S.A. § 2695 Defective execution on real estate; application

2695. Defective execution on real estate; application Where an execution has been levied on real estate and the levy, sale, or deed is irregular, informal, or not according to law and the title derived therefrom is doubtful, within two years from the time of sale, a party interested may bring an action in the Superior Court, setting forth in the complaint the respects in which it is claimed the proceedings on the execution were irregular, informal, and not according to law. Upon hearing, the presiding judge may grant the plaintiff and all parties interested such relief as is equitable. Amended 1971, No. 185 (Adj. Sess.), § 70, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

12 V.S.A. § 2696 Levy valid if affirmed or action not brought

2696. Levy valid if affirmed or action not brought When the action is not brought within the time limited or if on hearing the presiding judge decides that the proceedings on execution were legally sufficient, a levy, sale, and deed shall be valid to convey the right, title, or interest that the judgment debtor had at the time of the levy in the real estate sold and shall be conclusive evidence of the title in the estate against the debtor or his or her representatives. Amended 1971, No. 185 (Adj. Sess.), § 71, eff. March 29, 1972.

12 V.S.A. § 2697 Costs

2697. Costs Costs may be taxed for either party on the action. Amended 1971, No. 185 (Adj. Sess.), § 72, eff. March 29, 1972.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/12/111Fetched: 10/21/2026