reglab/housing_qa huggingface dataset:
12 V.S.A. § 5249
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 181 - Penal Bonds|§ 5249. When the principal has removed from the State

§ 5249. When the principal has removed from the State|When a person liable as sheriff or high bailiff for official misconduct, neglect, or default has removed from the State leaving no known attachable property therein, so that service of process cannot be made upon him or her, an action founded in contract may be brought directly upon the recognizance or bond of the sheriff or high bailiff and his or her sureties by the party entitled thereto, without first bringing suit against the sheriff or high bailiff. In the action, the sureties may make any defense which their principal might have made if the action had been against him or her directly for the misconduct, neglect, or default. (Amended 1971, No. 185 (Adj. Sess.), § 164, eff. March 29, 1972.)
12 V.S.A. § 5321
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5321. When maintainable

§ 5321. When maintainable|If beasts are distrained or impounded to recover a penalty or forfeiture alleged to have been incurred by their going at large or to obtain satisfaction for damages alleged to have been done by them, the owner thereof may maintain an action of replevin therefor.
12 V.S.A. § 5322
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5322. Judgment for defendant

§ 5322. Judgment for defendant|When it appears upon the nonsuit of the plaintiff, or upon trial, that the beasts were lawfully taken or distrained, the defendant shall have judgment for such sum as is due from the plaintiff for the penalty or forfeiture or for the damages for which the beasts were impounded, with the legal fees and charges incurred by the distress, and the costs of the action of replevin.
12 V.S.A. § 5323
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5323. Judgment for plaintiff

§ 5323. Judgment for plaintiff|When it appears upon the default of the defendant or upon trial that the beasts were taken or distrained without justifiable cause, the plaintiff shall have judgment for his or her damages caused thereby, and his or her costs.
12 V.S.A. § 5331
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5331. For what and where maintainable

§ 5331. For what and where maintainable|A person may maintain an action of replevin for goods in the county in which the goods are detained in any of the following circumstances:  (1) When goods are unlawfully taken or unlawfully detained from the owner or person entitled to the possession thereof. (2) When goods or chattels which are attached on mesne process or taken in execution are claimed by a person other than the defendant in the action or debtor in the execution. (3) When goods are attached or taken in execution and are claimed by the defendant in the action or debtor in the execution as exempt from attachment and levy.
12 V.S.A. § 5332
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5332. Damages when replevin delays service of execution

§ 5332. Damages when replevin delays service of execution|If the goods, when replevied, were taken in execution or attached, and judgment is afterwards rendered for the attaching creditor, and if, in either case, the service of the execution is delayed by means of the replevin, the damages assessed for the defendant, upon judgment for a return, shall not be less than 12 percent annually, on the value of the goods, for such time as the service of the execution is so delayed.
12 V.S.A. § 5333
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5333. Service not delayed as to balance of execution; alias execution

§ 5333. Service not delayed as to balance of execution; alias execution|When the goods or chattels were taken in execution, the service thereof shall not be delayed as to any balance due thereon, after deducting the value of such goods or chattels, but the officer may execute the same, and the creditor may have an alias execution for such balance as if payment had been made thereon to the value of such goods or chattels. If judgment is rendered in favor of the plaintiff in replevin, the creditor may have an alias execution as if such goods or chattels had not been taken in execution.
12 V.S.A. § 5334
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5334. Sale of goods returned

§ 5334. Sale of goods returned|When judgment is rendered in favor of the defendant in the action of replevin, and the goods or chattels are returned, the same may be sold and the proceeds applied by the officer who took them in execution as if they had not been replevied.
12 V.S.A. § 5335
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5335. Sums recovered by officer, how applied

§ 5335. Sums recovered by officer, how applied|Sums recovered in an action of replevin by an officer for or on account of goods attached or taken in execution by him or her, or recovered in an action on the bond given upon the replevin of such goods, shall be applied so far as they will go:  (1) to pay the fees and charges of the officer and reasonable expenses of the action of replevin, and the action on the bond, so far as they are not reimbursed by the costs recovered; (2) to pay to the creditor, at whose action the goods were attached or taken in execution, the sum, if any, recovered in that action, or so much thereof as remains unpaid, with 12 percent interest for such time as the money has been withheld from the creditor, or the service of his or her execution delayed by reason of the replevin; (3) if the attaching creditor does not recover judgment in his or her action, or if a balance remains of the monies so recovered by the officer, after so paying what is due to the creditor, such balance, or the whole amount, shall be disposed of as any surplus would be if the same goods had been sold on execution.
12 V.S.A. § 5336
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5336. Attachment lien preserved

§ 5336. Attachment lien preserved|When the goods which are replevied had been attached, they shall, in case of a judgment for return, be held liable to the attachment and to levy of execution in the same manner as though replevin thereof had not been made. When final judgment is rendered before the return of the goods or if the goods, when replevied, were seized and held on execution, they shall be held subject to the same attachment or seizure for 30 days after the return, in order that the execution may be served thereon or the service completed, as it might have been if the goods had not been replevied.
12 V.S.A. § 5337
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5337. Writ of reprisal

§ 5337. Writ of reprisal|When the officer to whom the writ of return is committed cannot find the goods replevied, so as to deliver them to the defendant, he or she shall make return of that fact upon such writ, and the defendant shall thereupon be entitled to a writ of reprisal, to be awarded and issued upon his or her motion by the court in which the judgment was rendered, to take the goods and chattels of the plaintiff, to be held and disposed of as on a writ of execution.
12 V.S.A. § 5338
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5338. When judgment for plaintiff is given

§ 5338. When judgment for plaintiff is given|When it appears upon the default of the defendant, or upon trial in the action of replevin, that the goods were unlawfully taken or attached or unlawfully detained by the defendant, the plaintiff shall have judgment for his or her damages caused thereby, and his or her costs.
12 V.S.A. § 5371
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5371. Writs; court to which returnable

§ 5371. Writs; court to which returnable|Writ of replevin in actions under the provisions of sections 5321 and 5331 of this title shall issue out of the court to which returnable. If the value of the property to be replevied is $5,000.00 or less, the writ may be returnable to any court; if the value of the property exceeds $5,000.00, the writ shall be returnable to a Superior Court. (Amended 1959, No. 142, § 5, eff. Feb. 1, 1960; 1965, No. 194, § 7, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 165, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 39, eff. April 9, 1974.)
12 V.S.A. § 5373
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5373. Bond

§ 5373. Bond|The writ in an action of replevin commenced under the provisions of section 5321 or 5331 of this title shall not be issued until the plaintiff or someone in his or her behalf executes and delivers to the officer a bond to the defendant, with sufficient surety to be approved by the court, in a penalty double the value of the property to be replevied, with condition to prosecute the action to final judgment and pay such damages and costs as the defendant recovers against him or her, and also to return the property if that is the final judgment. (Amended 1971, No. 185 (Adj. Sess.), § 166, eff. March 29, 1972.)
12 V.S.A. § 5401
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5401. Orders and judgment of court

§ 5401. Orders and judgment of court|Upon the abatement, dismissal, nonsuit, default, or trial of an action of replevin, the court shall make such order for the return or restoration of the goods as is just, and may take such inquest of damages in the premises as the rights of the parties require, and render judgment thereon accordingly. When such replevin terminates otherwise than upon the merits, such court may make such special order as to the return or restoration of the goods or as to damages, and may require such security in the premises, from either party, as is just.
12 V.S.A. § 5402
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5402. Sums received by creditor, how applied

§ 5402. Sums received by creditor, how applied|Sums received by the creditor from the sale of goods attached or taken in execution and afterward returned and sums received for the value of such goods not returned and sums recovered from the officer for the insufficiency of the sureties in the bond, shall be applied toward the discharge of the judgment recovered by the creditor. Sums received as interest or damages for the delay of his or her execution shall be retained to his or her own use, and shall not go in discharge of the judgment further than to discharge the interest on the same for the time for which interest was received.
12 V.S.A. § 5403
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5403. Remedy on bond not affected

§ 5403. Remedy on bond not affected|The foregoing provisions shall not preclude the defendant from resorting to his or her remedy on the replevin bond or to his or her remedy against the officer for the insufficiency of the sureties in the bond, to recover the value of the goods, with the loss or damage caused by the replevin or nondelivery thereof, notwithstanding he or she has endeavored to recover the same by the writs of return and reprisal.
12 V.S.A. § 5404
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5404. Action against surety limited

§ 5404. Action against surety limited|An action shall not be maintained against a surety in a replevin bond unless the writ is served on the surety within one year after final judgment in the action of replevin. (Amended 1971, No. 185 (Adj. Sess.), § 167, eff. March 29, 1972.)
12 V.S.A. § 5405
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 183 - Replevin|§ 5405. Direction and service of writ

§ 5405. Direction and service of writ|A writ of replevin shall not be directed to or served by a person other than an officer authorized by law to serve the same.
12 V.S.A. § 5431
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 184 - Loss of Consortium|§ 5431. Loss of consortium

§ 5431. Loss of consortium|An action for loss of consortium may be brought by either spouse. (Added 1977, No. 43.)
12 V.S.A. § 5531
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 187 - Small Claims Procedure|§ 5531. Rules governing procedure

§ 5531. Rules governing procedure|(a) The Supreme Court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such Court providing for a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law, of actions of a civil nature of which they have jurisdiction, other than actions for slander or libel and in which the plaintiff does not claim as debt or damage more than $5,000.00. Small claims proceedings shall be limited in accord with this chapter and the procedures made available under those rules. The procedure shall not be exclusive, but shall be alternative to the formal procedure begun by the filing of a complaint.(b) Parties may not request claims for relief other than money damages under this chapter. Nor may parties split a claim in excess of $5,000.00 into two or more claims under this chapter.(c) In small claims actions where the plaintiff makes a claim for relief greater than $3,500.00, the defendant shall have the right to request a special assignment of a judicial officer. Upon making this request, a Superior judge or a member of the Vermont bar appointed pursuant to 4 V.S.A. § 22(b) shall be assigned to hear the action.(d) Venue in small claims actions shall be governed by section 402 of this title. (Amended 1965, No. 194, § 8, eff. July 1, 1965, operative Feb. 1, 1967; 1967, No. 65; 1967, No. 311 (Adj. Sess.), § 2, eff. March 22, 1968; 1971, No. 44, § 1; 1973, No. 249 (Adj. Sess.), § 40, eff. April 9, 1974; 1977, No. 161 (Adj. Sess.), § 1; 1983, No. 208 (Adj. Sess.), § 2; 1993, No. 160 (Adj. Sess.), § 1; 1995, No. 181 (Adj. Sess.), § 2, eff. Sept. 1, 1996; 2007, No. 39, § 3; 2009, No. 154 (Adj. Sess.), § 83.)
12 V.S.A. § 5532
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 187 - Small Claims Procedure|§ 5532. Pleadings; fees

§ 5532. Pleadings; fees|Procedure in the Superior Court shall be instituted without writ or pleading other than a concise statement on a form provided by the clerk who shall file the complaint in a docket kept for that purpose. (Amended 1965, No. 194, § 8, eff. July 1, 1965, operative Feb. 1, 1967; 1967, No. 119, § 2; 1971, No. 44, § 2; 1973, No. 249 (Adj. Sess.), § 41, eff. April 9, 1974; 1975, No. 227 (Adj. Sess.), § 2; 1977, No. 161 (Adj. Sess.), § 2; 1985, No. 54, § 5; 1995, No. 181 (Adj. Sess.), § 3, eff. Sept. 1, 1996.)
12 V.S.A. § 5533
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 187 - Small Claims Procedure|§ 5533. Other procedure

§ 5533. Other procedure|(a) The plaintiff shall supply to the clerk the following information:  (1) the plaintiff's name, residence address, and telephone number; (2) defendant's name and place of residence, place of business or employment; and (3) the nature and amount of the plaintiff's claim, giving dates and other relevant information.   (b) The clerk shall reduce the information required in subsection (a) of this section to writing in concise, nontechnical form in a docket kept for that purpose, and shall also place it on a form which shall be attached to the summons.(c) The defendant may include with his or her answer a counterclaim stating a claim which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim and which does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. The relief requested in the counterclaim may exceed the jurisdictional limit of the small claims court, however the judgment shall not exceed that limit. Failure to assert a counterclaim does not prevent the defendant from bringing a later action for the same claim. The judgment of the small claims court on an asserted counterclaim shall not be conclusive between the parties in a later action nor shall the parties be precluded from litigating any issue of fact or law as a result of the judgment on the counterclaim. However, in any later action on the same claim as was raised in the counterclaim, the amount of any judgment shall be reduced by an amount equal to the jurisdictional limit of the small claims court at the time the counterclaim was first asserted. (Amended 1977, No. 161 (Adj. Sess.), § 3; 1983, No. 208 (Adj. Sess.), § 3.)
12 V.S.A. § 5534
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 187 - Small Claims Procedure|§ 5534. Attachment; forms

§ 5534. Attachment; forms|In causes begun under the procedure, on application, the court may issue, for cause shown, writs of attachment of property and trustee process as in other civil actions. Necessary dockets and forms shall be prepared at the expense of the State. (Amended 1971, No. 185 (Adj. Sess.), § 168, eff. March 29, 1972.)
12 V.S.A. § 5535
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 187 - Small Claims Procedure|§ 5535. Jury trial

§ 5535. Jury trial|A plaintiff beginning a cause under the procedure waives a jury trial. The defendant may have a hearing before the court under the procedure. He or she may, prior to the day upon which he or she is notified to appear, file with the court where the cause is pending a request for a trial by jury and his or her affidavit that there are questions of fact in the cause requiring trial, with specifications thereof, and that such is intended in good faith, together with a jury fee of $10.00 and thereupon at the day set for hearing, trial by jury shall be had as in ordinary cases. (Amended 1975, No. 227 (Adj. Sess.), § 3; 1977, No. 161 (Adj. Sess.), § 4.)
12 V.S.A. § 5536
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 187 - Small Claims Procedure|§ 5536. Representation

§ 5536. Representation|Any person, corporation, or other legal entity shall be entitled but not required to be represented by an attorney in small claims court. (Added 1977, No. 161 (Adj. Sess.), § 5.)
12 V.S.A. § 5537
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 187 - Small Claims Procedure|§ 5537. Payment of judgments

§ 5537. Payment of judgments|(a) On request of a judgment creditor whose judgment under this chapter has remained unsatisfied for 30 days, the court shall order the judgment debtor to appear before it and to disclose information relating to his or her ability to pay the judgment in full.(b) Following disclosure under subsection (a) of this section, the court after hearing may order the judgment debtor to make such payments as the court, in its discretion, deems appropriate. Failure to make such payments may be considered civil contempt of court.(c) [Repealed.]  (Added 1983, No. 208 (Adj. Sess.), § 1; amended 2007, No. 39, § 5.)
12 V.S.A. § 5538
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 187 - Small Claims Procedure|§ 5538. Appeals

§ 5538. Appeals|Any party may appeal from a small claims judgment to Superior Court. The Administrative Judge shall assign the appeal to a Superior judge who shall not have participated in any way in the decision being appealed. The appeal shall be heard and decided, based on the record made in the small claims procedure. No appeal as of right exists to the Supreme Court. On motion made to the Supreme Court by a party to the action, the Supreme Court may allow an appeal from the Superior Court. (Added 1983, No. 208 (Adj. Sess.), § 4; amended 1995, No. 181 (Adj. Sess.), § 4, eff. Sept. 1, 1996; 2009, No. 154 (Adj. Sess.), § 84.)
12 V.S.A. § 5541
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 187 - Small Claims Procedure|§ 5541. Composition of court in small claims cases

§ 5541. Composition of court in small claims cases|For the purposes of this chapter, the Superior Court in small claims cases shall consist of the presiding judge sitting alone, an assistant judge sitting alone pursuant to section 5540 of this chapter, or an acting judge assigned pursuant to 4 V.S.A. § 22(b). (Added 1995, No. 181 (Adj. Sess.), § 6, eff. Sept. 1, 1996; amended 2009, No. 154 (Adj. Sess.), § 85.)
12 V.S.A. § 5602
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 189 - Tort Claims Against the State|§ 5602. Exclusive right of action

§ 5602. Exclusive right of action|(a) When the act or omission of an employee of the State acting within the scope of employment is believed to have caused damage to property, injury to persons, or death, the exclusive right of action shall lie against the State of Vermont; and no such action may be maintained against the employee or the estate of the employee.(b) This section does not apply to gross negligence or willful misconduct.(c) As used in this chapter, "employee" means any person defined as a State employee by 3 V.S.A. § 1101. (Added 1961, No. 265, § 2, eff. Oct. 1, 1961; amended 1989, No. 114, § 2, eff. June 20, 1989.)
12 V.S.A. § 5603
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 189 - Tort Claims Against the State|§ 5603. Settlement of claims

§ 5603. Settlement of claims|(a) The Attorney General may consider, adjust, determine, and settle any claim for damages against the State of Vermont resulting from the acts or omissions of an employee as provided under 3 V.S.A. § 159. If the State elects to self-insure the liability as defined in 12 V.S.A. § 5601, the Attorney General shall consult with the Secretary of Administration prior to exercising his or her authority under this subsection.(b) If the State of Vermont has undertaken the defense of a claim against a State employee as required by 3 V.S.A. § 1101, the acceptance by the claimant of any award, compromise, or settlement shall be final and conclusive on the claimant and shall constitute a complete release of any claim against the State of Vermont and all of its employees.(c) Notwithstanding the provisions of subsection (b) of this section, if the employee has purchased a policy of liability insurance which covers claims based on gross negligence or willful misconduct in the operation of a motor vehicle, the acceptance of an award, compromise, or settlement shall not bar a claim for gross negligence or willful misconduct covered by that policy. (Added 1961, No. 265, § 3, eff. Oct. 1, 1961; amended 1963, No. 215, § 2; 1989, No. 114, § 3, eff. June 20, 1989; 1989, No. 163 (Adj. Sess.), § 3; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2021, No. 74, § E.103.1.)
12 V.S.A. § 5604
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 189 - Tort Claims Against the State|§ 5604. Payment

§ 5604. Payment|(a) Any award made or compromise or settlement against the State of Vermont agreed upon by the Attorney General shall be paid by the State Treasurer out of the appropriations of the department concerned. In the event an award is made or a compromise or settlement is agreed upon as the result of the acts or omissions of a State employee not connected with or employed by any agency, such award shall be paid by the State Treasurer out of the Treasury, and the Emergency Board shall reimburse the State Treasurer therefor from time to time.(b) If the State elects to self-insure for liability as defined in 12 V.S.A. § 5601, any award, compromise, or settlement against the State of Vermont agreed to by the Attorney General shall be paid by the Treasurer from the liability self-insurance fund.(c) To the extent that an award, settlement, or compromise is covered by a policy of liability insurance, payment will be governed by the terms of the policy. (Added 1961, No. 265, § 4, eff. Oct. 1, 1961; amended 1989, No. 114, § 4, eff. June 20, 1989; 1989, No. 163 (Adj. Sess.), § 4.)