CHAPTER 898
PERSONS IN JAIL ON CIVIL PROCESS
898.01 Discharge of persons confined for tort.
898.02 Notice to plaintiff.
898.03 Notice, how served.
898.04 Prisoner to be examined.
898.06 Oath on discharge.
898.07 Certificate to sheriff.
898.08 Other applications for discharge.
898.09 Effect of discharge.
898.10 Judgment to remain in force.
898.11 Inability to pay fees.
898.12 Payment and discharge.
898.13 Discharge by plaintiff.
898.16 When prisoner to have.
898.18 Commitment if surety not good.
898.19 Surrender of principal.
898.20 What is an escape.
898.21 Escape of prisoners.
898.23 Effect of judgment against sheriff.
898.25 Defense by sureties.
898.27 Assignment of bond.
898.28 Suit on bond; damages.
898.29 Effect of assignment.
898.30 Defense in actions by assignee.
898.31 When suit against sheriff stayed.
898.01
898.01
Discharge of persons confined for tort. Every person confined in jail on an execution issued on a judgment recovered in an action founded on a tort shall be discharged therefrom upon the conditions hereinafter specified.
898.02
898.02
Notice to plaintiff. The person shall cause notice to be given to the plaintiff in the action, the plaintiff's agent or attorney, in writing, that at a time and place specified in the notice the person will apply to the circuit judge or circuit court commissioner of the county in which the person is so confined for the purpose of obtaining a discharge from imprisonment.
898.02 History
History: 1977 c. 449;
2001 a. 61.
898.03
898.03
Notice, how served. Such notice shall be served by delivering a copy thereof to the plaintiff, the plaintiff's agent or attorney 24 hours before the time for the hearing of such application, if the plaintiff lives within 20 miles of the place designated for the hearing; and for every additional 20 miles or part thereof that the plaintiff resides from such place 24 hours shall be added to the time of such service.
898.03 History
History: 1993 a. 486.
898.04
898.04
Prisoner to be examined. At the time and place specified in the notice the person shall be taken, under the custody of the jailer, the sheriff or the sheriff's deputy, before the circuit judge or circuit court commissioner, who shall examine the prisoner on oath concerning his or her estate and effects and the disposal thereof and the prisoner's ability to pay the judgment for which he or she is committed; and who shall also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor.
898.04 History
History: 1977 c. 449;
2001 a. 61.
898.05
898.05
Interrogatories. The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry and they shall, if required by the creditor, be proposed and answered in writing and the answers shall be signed and sworn to by the prisoner; and the plaintiff in the action may have a copy of the interrogatories and answers certified by the officer before whom such examination is had, upon paying therefor the legal fees.
898.06
898.06
Oath on discharge. If upon such examination such officer shall be satisfied that the prisoner is entitled to his or her discharge the officer shall administer to the prisoner the following oath:
I, .... do solemnly swear that I have not any estate, real or personal, to the amount of $20, except such as is by law exempt from being taken on execution, and that I have not any other estate, nor conveyed or concealed or in any way disposed of any portion of my estate, real or personal, with design to secure the same to my use or to defraud my creditors. So help me God.
898.06 History
History: 1993 a. 486.
898.07
898.07
Certificate to sheriff. 898.07(1)
(1) After administering the oath the officer before whom such examination shall be held shall make a certificate under the officer's hand as follows:
To the sheriff or jailer of the county of .... : I do hereby certify that .... , confined in your jail upon an execution at the suit of ...., is entitled to be discharged from imprisonment, if he or she be imprisoned for no other cause.
898.07(2)
(2) The sheriff, or jailer, upon receiving such certificate, shall forthwith discharge the prisoner, if the prisoner be imprisoned for no other cause.
898.07 History
History: 1993 a. 486.
898.08
898.08
Other applications for discharge. If upon such examination aforesaid the prisoner be not discharged the prisoner shall be entitled to apply for his or her discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceeding shall thereupon be had.
898.08 History
History: 1993 a. 486.
898.09
898.09
Effect of discharge. The prisoner, after being so discharged, shall be forever exempt from arrest or imprisonment for the same debt unless the prisoner shall be convicted for having willfully sworn falsely upon his or her examination aforesaid or in taking the oath before prescribed.
898.09 History
History: 1993 a. 486.
898.10
898.10
Judgment to remain in force. The judgment against any prisoner who is discharged as aforesaid shall remain in full force against any estate which may then or at any time afterwards belong to the prisoner; and the plaintiff in the action may take out a new execution against the goods and estate of the prisoner in like manner as if the prisoner had never been committed on the execution.
898.10 History
History: 1993 a. 486.
898.11
898.11
Inability to pay fees. If the prisoner is unable to pay in whole or in part the fees of the circuit court in the proceedings, the proceedings shall continue without charge to the prisoner.
898.11 History
History: 1977 c. 449;
2001 a. 61.
898.12
898.12
Payment and discharge. If the debtor shall satisfy the execution the debtor shall not be entitled to his or her discharge until the debtor has paid all the charges for his or her support in prison, in addition to the sum due on the execution, and the costs and charges thereon.
898.12 History
History: 1993 a. 486.
