§ 9-13-34.Right to transfer execution; status of transferee

An execution is not necessarily the plaintiff’s to keep — it can change hands. This section opens the door to that transfer and defines what the transferee receives.

Any plaintiff in judgment, or any transferee who already holds the execution, may transfer it to a third person, provided the transfer is made in good faith and for a valuable consideration. Both conditions matter: a transfer without genuine consideration, or one made in bad faith, falls outside what this section protects.

Once transferred, the execution does not become a cleaner or stronger claim in the new holder’s hands. The statute is explicit that the transferee steps into the same position the original plaintiff in judgment occupied — same rights to enforce the execution, but also subject to the same equities and the same defenses that could have been raised against the original plaintiff. A defendant does not lose defenses merely because the execution changed hands, and a transferee does not gain rights the original plaintiff never had.