Writ of Execution - Explained
What is a Writ of Execution?
Written by Jason Gordon
Updated at November 7th, 2023
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What is a Writ Of Execution?
A writ of execution is a court order that grants the plaintiff (judgment holder) the right to take control of the money, property, or assets of the debtor (judgment defendant) to satisfy the judgment rendered by the court in favor of the plaintiff.
How is the Writ of Execution Used?
Once a court issues a writ of execution, the transfer 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?
A writ of execution is used by the plaintiff in a civil lawsuit to collect the judgment against the defendant by repossessing or selling the assets of the judgment debtor.
How the Writ of Execution is Carried Out?
When a judgment debtor or 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 funds realized are given to the plaintiff to settle the debt.
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