4.02.120 Private Sale of Property Seized; Delivery of Unsold Property to Plaintiff or Return to Defendant

If the Clerk is unable to sell the property seized

under a writ of execution for at least ninety (90) percent of its appraised value, he may hold it for fourteen (14) work days after the date of the attempted sale, during which time he shall sell it to the first person offering him the appraised value in cash. The Clerk, at any time within the fourteen (14) work day period following an unsuccessful public sale, upon request of the plaintiff and payment of all costs, may deliver the property to him and credit the appraised value thereof against the judgment debt. The judgment creditor shall have a judgment against the judgment debtor for costs as they are allowed under Section 4.03.020. If the appraised value is greater than the debt, he shall not deliver the property to the plaintiff until the plaintiff pays the judgment debtor in cash for such excess value. At the end of fourteen (14) workdays if the property remains unsold and unclaimed by the plaintiff, the Clerk shall return it to the judgment debtor.