§38-5-5. Compelling debtor to answer.
If any person summoned under the four preceding sections
shall fail to appear and answer, or shall make any answers which
are deemed by the commissioner to be evasive, or if having
answered shall fail to make such conveyance, assignment and
delivery as is required by such sections, such commissioner shall
issue a writ directed to the sheriff of the county requiring such
sheriff to take the debtor or other person summoned and to keep
him safely until he shall make proper answers, or such
conveyance, delivery or assignment as the case may be, and upon
making such answer or such conveyance, delivery or assignment, he
shall be discharged by such commissioner. He may also be
discharged by the court from whose clerk's office the fieri
facias or execution issued, or by the judge thereof in vacation,
in any case, if the court or judge shall be of opinion that he
was improperly or unlawfully detained in custody.