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Rule 612. Issuance of Distress Warrant


Upon the filing of the oath and bond for the distress warrant, the justice of the peace shall forthwith issue such warrant to the proper officer, commanding him to seize the property of the defendant, or so much thereof as will be sufficient to satisfy the plaintiff's demand. Such warrant shall be made returnable to the court having jurisdiction of the amount in controversy, or if the amount be within the concurrent jurisdiction of the district and county courts to either of such courts as plaintiff or his attorney shall direct, on or before ten o'clock a. m. of the Monday next after the expiration of fifteen days from the date of issuance of the writ. When the writ is made returnable to the district or county court the justice shall transmit all papers in the cause to the proper court on or before the return day fixed by the writ.

Source: Art. 5229.

Change: Fixing return day on the first Monday after the expiration of fifteen days from issuance of the writ.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of June 10, 1980, eff. Jan. 1, 1981.