Writ of Execution – Definition

Cite this article as:"Writ of Execution – Definition," in The Business Professor, updated August 2, 2019, last accessed May 30, 2020, https://thebusinessprofessor.com/lesson/writ-of-execution-definition/.

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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

Academic Research

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.

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