Contact Us

If you still have questions or prefer to get help directly from an agent, please submit a request.
We’ll get back to you as soon as possible.

Please fill out the contact form below and we will reply as soon as possible.

  • Courses
  • Home
  • Law, Transactions, & Risk Management
  • Legal Disputes - Civil & Criminal Law

Writ of Execution - Definition

Written by Jason Gordon

Updated at December 16th, 2020

Contact Us

If you still have questions or prefer to get help directly from an agent, please submit a request.
We’ll get back to you as soon as possible.

Please fill out the contact form below and we will reply as soon as possible.

  • Accounting, Taxation, and Reporting
    Managerial & Financial Accounting & Reporting Business Taxation
  • 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
  • Marketing, Advertising, Sales & PR
    Principles of Marketing Sales Advertising Public Relations SEO, Social Media, Direct Marketing
  • Business Management & Operations
    Operations, Project, & Supply Chain Management Strategy, Entrepreneurship, & Innovation Business Ethics & Social Responsibility Global Business, International Law & Relations Business Communications & Negotiation Management, Leadership, & Organizational Behavior
  • Economics, Finance, & Analytics
    Economic Analysis & Monetary Policy Research, Quantitative Analysis, & Decision Science Investments, Trading, and Financial Markets Banking, Lending, and Credit Industry Business Finance, Personal Finance, and Valuation Principles
  • Professionalism & Career Development
  • Courses
+ More
Back To: Legal Disputes: Civil and Criminal Law

Writ Of Execution Definition

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 favour of a plaintiff, this graints 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.

A Little More on What is a Writ Of Execution

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.

References for Writ Of Execution

  • https://en.wikipedia.org/wiki/Writ_of_execution
  • https://www.investopedia.com Investing Laws & Regulations
  • https://www.accountingtools.com/articles/2018/6/6/writ-of-execution

[ht_toggle title="Academic Research" id="" class="" style="" ] The Immunity of Intangible Assets from a Writ of Execution: Must We Forgive Our Debtors, Gridley, D. J. (1994). The Immunity of Intangible Assets from a Writ of Execution: Must We Forgive Our Debtors. Ind. L. Rev., 28, 755. A Writ of Execution Issued by William Kingsmill, Sheriff of Niagara Regarding the Estate of Alexander Hamilton, Kingsmill, W. (1841). A Writ of Execution Issued by William Kingsmill, Sheriff of Niagara Regarding the Estate of Alexander Hamilton. [PDF] THE WRIT OF EXECUTION IN THE LIGHT OF THE NEW ROMANIAN CIVIL PROCEDURE CODE, THE OLD CODE AND INTERNATIONAL REGULATIONS, CIOCAN, M. I. THE WRIT OF EXECUTION IN THE LIGHT OF THE NEW ROMANIAN CIVIL PROCEDURE CODE, THE OLD CODE AND INTERNATIONAL REGULATIONS. Constitutional Law-Writ of Execution Statutes Held Unconstitutional-Has the Due Process Notice Requirement Left Creditors out in the Cold, Warmath, A. L. (1990). Constitutional Law-Writ of Execution Statutes Held Unconstitutional-Has the Due Process Notice Requirement Left Creditors out in the Cold. UALR LJ, 13, 293. A Writ of Execution on the Ship, Vuleta, D. (2016). A Writ of Execution on the Ship. Zb. Radova, 53, 1039. Approval of the Forced Execution for a Credit Contract When the Request Is Made by the Debt Assignee: The Character of the Writ of Execution, Sauleanu, L. B. (2015). Approval of the Forced Execution for a Credit Contract When the Request Is Made by the Debt Assignee: The Character of the Writ of Execution. Rev. Universul Juridic, 4. The Judgment, a Writ of Execution According to the New Code of Civil Procedure, Tabacu, A. (2012). The Judgment, a Writ of Execution According to the New Code of Civil Procedure. Romanian J. Compulsory Execution, 131. The History of Imprisonment for Debt and its Relation to the Development of Discharge in Bankruptcy, Cohen, J. (1982). The History of Imprisonment for Debt and its Relation to the Development of Discharge in Bankruptcy. The Journal of Legal History, 3(2), 153-171. Collection of Money Judgments in American Law-A Historical Inventory and a Prospectus, Riesenfeld, S. A. (1956). Collection of Money Judgments in American Law-A Historical Inventory and a Prospectus. Iowa L. Rev., 42, 155. The Need of Popular Understanding of International Law, Root, E. (1907). The Need of Popular Understanding of International Law. American Journal of International Law, 1(1), 1-3. [/ht_toggle]

Was this article helpful?

Yes
No

Related Articles

  • Frivolous Case - Civil Litigation
  • Subject Matter Jurisdiction - Explained
  • Trial Discovery Process - Civil Litigation
  • Venue for a Civil Trial

©2011-2021. The Business Professor, LLC.
  • Privacy

  • Questions

Definition by Author

0
0
Expand