A Writ of Execution is an order issued by a court to enforce a judgement; A writ is addressed to a court officer specifically instructing said officer to carry out an act, such as collecting monies or seizing property.
n. a court order to a sheriff to enforce a judgment by levying on real or personal property of a judgment debtor to obtain funds to satisfy the judgment amount (pay the winning plaintiff).
A writ of execution (also known as an execution) is a court order granted to put in force a judgement of possession obtained by a plaintiff from a court.
A writ of delivery is a writ of execution that directs a High Court Enforcement Officer to either seize goods and deliver them to the plaintiff or to obtain their monetary value, according to an agreed assessment.
If the writ doesn’t allow for the defendant to retain their goods by paying their assessed value as an alternative, this is defined as a writ of specific delivery.
A writ of execution is a court order issued to enforce a judgement by allowing the seizure or sale of property owned by a judgment debtor to satisfy a monetary judgment.
A writ of execution is typically issued after a judgement creditor has obtained a favourable judgement in a lawsuit and the judgement debtor has failed to voluntarily satisfy the judgement.
Under a writ of execution, various types of property owned by the judgement debtor may be seized or sold, including real property (such as land or buildings), personal property (such as vehicles or equipment), bank accounts, and other assets.
Once a writ of execution is issued, it is typically delivered to a sheriff or other law enforcement officer, who is responsible for carrying out the enforcement actions specified in the writ, such as seizing and selling property owned by the judgement debtor.
Yes, the judgement debtor may have the right to challenge a writ of execution by filing a motion with the court to set aside or modify the writ. Grounds for challenging a writ of execution may include procedural defects, errors in the amount of the judgement, or exemptions from execution.
Yes, state laws provide certain exemptions from execution, which vary by jurisdiction but commonly include exemptions for essential personal property (such as clothing and household furnishings), tools of the trade, and certain retirement accounts.
The validity period of a writ of execution varies by jurisdiction but is typically limited to a certain period, such as 180 days or one year from the date of issuance. After this period expires, the writ may need to be renewed or reissued by the court.
After property is sold under a writ of execution, the proceeds from the sale are used to satisfy the judgement debt, including any accrued interest and costs of enforcement. If the proceeds exceed the amount of the judgement, any surplus may be returned to the judgement debtor.
Yes, a judgment creditor may have other enforcement options available, depending on the circumstances of the case and the laws of the jurisdiction. These may include the garnishment of wages or bank accounts, liens on property, or other collection methods.
In some cases, a judgement debtor may be able to negotiate a settlement with the judgement creditor or seek relief from the court, such as through bankruptcy proceedings or by demonstrating that the property subject to execution is exempt from execution under applicable laws.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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