Title 44, Chapter 14, Section 300
( 44-14-300)
Any person having a mortgage on personal property to secure a debt
not exceeding $100.00 in principal and desiring to foreclose the
mortgage may, by himself, his agent, or his attorney, make an
affidavit of the amount of the principal and the interest due on the
mortgage, which affidavit shall be annexed to the mortgage. When the
mortgage or verified copy with the affidavit annexed thereto shall
be filed with any magistrate in the county where the mortgagor
resides, if a resident of this state, or, if not a resident of this
state, in the county where the mortgaged property is located, it
shall be the duty of the magistrate to issue an execution directed
to all and singular the sheriffs, the marshals, their deputies, and
the constables of this state commanding the sale of the property to
satisfy the principal, the interest, and the costs of the
proceedings to foreclose the mortgage. |