71-3-304. Service of notice. (1) The officer serving the notice and claim described in 71-3-303 shall, after service, make return of service showing the service and where and how it was made.
     (2) Service may be made in any case at any time before the actual sale of the property levied upon in the pending action, and unless the claim is disputed by the debtor or a creditor or party plaintiff, the levying officer shall pay the person out of the proceeds of the sale the amount the person is entitled to receive for services rendered within the 4 months preceding the levy of the writ, not exceeding the amount actually owed.

     History: En. 2052, 5th Div. Comp. Stat. 1887; amd. Sec. 2153, C. Civ. Proc. 1895; re-en. Sec. 7305, Rev. C. 1907; re-en. Sec. 8355, R.C.M. 1921; re-en. Sec. 8355, R.C.M. 1935; amd. Sec. 3, Ch. 109, L. 1943; R.C.M. 1947, 45-605(part); amd. Sec. 2269, Ch. 56, L. 2009.