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Writ of Seizure and Sale - Explained

What is a Writ of Seizure and Sale?

Written by Jason Gordon

Updated at March 11th, 2022

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Table of Contents

Writ of Seizure And Sale DefinitionA Little More on What is a Writ Of Seizure And SaleAcademic Research

What is a Writ of Seizure And Sale?

A writ of seizure and sale is issued by a court when a borrower goes into default and the attempts by the creditor to get repayment for the loan failed. When the court grants a creditor or petitioner a writ of seizure, the creditor gains ownership of some of the properties of debtor that is equivalent to the debt owed. Once a creditor takes possession of a property, it can be sold off to make repayment for the debt owed. The petitioner that is granted a writ of seizure and sale can execute the court order with the help of a law enforcement officer or a sheriff.

Back To: Legal Disputes: Civil and Criminal Law

How is a Writ Of Seizure And Sale Used?

The court only issued a writ of seizure and sale to a creditor or petitioner after all attempts to collect the debt have failed. A creditor cannot turn to the court to obtain a writ of seizure and sale after only a few attempts have been made, rather, there must have been several and frequent attempts that were all ignored by the debtor. A petitioner who has obtained a writ of seizure has the right to take possession of the property of the debtor, the creditor can sell the property at a low price to quickly recover the losses made. The judgment debtor might not be given any notice before the writ is executed.


writ of seizure and sale

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