Writ of Execution - Explained
What is a Writ of Execution?
Written by Jason Gordon
Updated at April 3rd, 2023
- Marketing, Advertising, Sales & PR
- Accounting, Taxation, and Reporting
- Professionalism & Career Development
-
Law, Transactions, & Risk Management
Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
- Business Management & Operations
- Economics, Finance, & Analytics
- Courses
What is a Writ Of Execution?
A writ of execution is a court order that validates the execution of a judgment by a court that the transfer of money, property or assets can commence. A writ of execution is a legal judgment rendered in favor of a plaintiff, this grants the plaintiff the right to take over the money, property or assets owned by the debtor or judgment defendant. Once a court issues a writ of execution, the transfers of assets and property is done through a sheriff or law enforcement officer. That is, the sheriff takes possession of the property owned or the money is deposited into a holding account in order to satisfy the terms of the judgment.
Back To: Legal Disputes: Civil and Criminal Law
How is a Writ Of Execution Used?
When a judgment debtor r a defendant is required by the law to make payment to the plaintiff in a legal case for a debt owed, a writ of execution is issued by the court. A writ of execution allows a sheriff to take possession of the property and not the plaintiff themselves. The money owed is transferred into a holding account and if it is a property, the sheriff takes possession of the property on behalf of the plaintiff. The property is sold in a sheriff's sale and the fund realized is given to the plaintiff to settle the debt. A writ of execution has certain exceptions, a social security fund of money held in an IRA cannot be collected using a writ of execution.
Related Topics
- Civil Litigation Procedure (Intro)
- What is a civil lawsuit or civil action?
- Who are the parties to a lawsuit?
- What is standing to sue?
- Venue
- What is personal jurisdiction?
- What is a class action?
- What are the pleadings?
- What is discovery?
- What is the scope of discovery?
- What are motions and how are they used?
- What are frivolous cases?
- Barratry
- What is the process of selecting a jury?
- What are the steps involved in a civil trial?
- What is the burden of proof in a civil trial?
- How is a civil trial decided?
- Adjudication
- Default Judgment
- Stipulated Judgment
- Equitable Defenses
- Equitable Relief
- Doctrine of Clean Hands
- Compensatory Damages
- Punitive Damages
- Replevin
- What is joint and several liability?
- Judgment Proof
- What is the process for appeal?
- Amicus Curiae Brief
- How do parties enforce a civil judgment?
- Levy
- Garnishment
- Writ of Attachment
- Writ of Execution
- Writ of Seizure and Sale
- Sheriff's Sale
- What is res judicata