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Writ of execution

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Court order
Not to be confused withExecution warrant orWarrant of execution.
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Awrit of execution (also known as anexecution) is acourt order granted to put in force ajudgment ofpossession obtained by aplaintiff from a court.[1] When issuing a writ of execution, a court typically will order asheriff or other similar official to take possession of property owned by ajudgment debtor. Such property will often then be sold in asheriff's sale and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment. It is generally considered preferable for the sheriff simply to take possession of money from the defendant's bank account. If the judgment debtor ownsreal property, the judgment creditor can record the execution to "freeze" the title until the execution is satisfied.

Generally, execution is unnecessary for defendants who pay verdicts against themselves voluntarily. However, some defendants ignore judgments against them, and thereby force plaintiffs to employ writs of execution to actually enforce judgments.

In the United States, not allassets are subject to execution. For example,Social Security income that resides in a bank account is exempt from a levy on a debtor's bank account. Many states also protect anIndividual Retirement Account (IRA) from execution as well as unemployment income, but the amount that is exempt may be limited.

See also

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References

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  1. ^Writ of execution. West Publishing. 1910. p. 1234.{{cite book}}:|work= ignored (help)
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