Section 14-15-1102 - Proceedings against constables upon default(a) A district court shall, upon the demand of the party injured, or his or her agent, issue a summons against a constable to whom any execution has been delivered, or who has received any money upon any judgment of the justice, whether with or without execution:(1) If the constable fails to make return of the execution according to the command thereof;(2) If he or she makes a false return;(3) If he or she fails to have any money collected by him or her on execution before the district court on the return day thereof, ready to be paid over to the party entitled thereto, or the receipt of such person therefor; or(4) If he or she fails to pay over on demand to the person entitled thereto, or his or her agent, any money received by him or her in payment of any judgment.(b) The summons shall require the constable to appear before the district court at a place and time to be specified therein, not exceeding ten (10) days, and show cause why an execution should not be issued against him or her for the amount due upon the execution placed in his or her hands, or for the amount received by him or her upon the judgment, according to the nature of the case. The summons shall be served at least four (4) days before the return day thereof and may in other respects be executed in the same manner as an original summons.(c) If the constable fails to appear, or if he or she appears but fails to show good cause in reply to the matters alleged against him or her, the district court shall render judgment against him or her for the amount due on the execution, or for the amount received by him or her without execution, according to the nature of the case, together with interest thereon, at the rate of one hundred percent (100%) per annum, from the time the execution ought to have been returned, and from the time the money ought to have been had before the district court ready to be paid over to the parties entitled thereto, or from the time the money was received on the judgment without execution, or was demanded by the party or his or her agent.(d) Any process issued against any constable shall be served and executed by a special deputy, who shall be appointed by the district court for that purpose and who shall have the same power to execute and return such process as a constable, and whose return shall be sworn to.(e) Upon a judgment against a constable pursuant to this section, there shall be no stay of execution, but an appeal may be had as in other cases and with like effect.(f) The party injured may proceed against the constable as provided in this section or may institute a suit against him or her on his or her official bond. When proceeding on the constable's official bond, the injured party shall be entitled to the same recovery as upon a summons against the constable.Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.