Writ of Seizure and Sale – Definition

Cite this article as:"Writ of Seizure and Sale – Definition," in The Business Professor, updated August 2, 2019, last accessed August 5, 2020, https://thebusinessprofessor.com/lesson/writ-of-seizure-and-sale-definition/.

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Writ of Seizure And Sale Definition

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.

A Little More on What is a Writ Of Seizure And Sale

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.

References for “Writ Of Seizure And Sale

Academic Research

Notice of Seizure in Mortgage Foreclosures and Tax Sale Proceedings: The Ramifications of Mennonite, Rubin, M. H., & Carter, E. K. (1987). Notice of Seizure in Mortgage Foreclosures and Tax Sale Proceedings: The Ramifications of Mennonite. La. L. Rev., 48, 535.

Distribution of Proceeds of Execution: An Examination of the Common Law, Creditors’ Relief Legislation, Modern Judgment Enforcement Statutes and Proposals for …, Robinson, L. R. (2003). Distribution of Proceeds of Execution: An Examination of the Common Law, Creditors’ Relief Legislation, Modern Judgment Enforcement Statutes and Proposals for Reform. Sask. L. Rev., 66, 309.

Mennonite Board of Missions v. Adams: Expansion of the Due Process Notice Requirement, Akchin, L. S. (1985). Mennonite Board of Missions v. Adams: Expansion of the Due Process Notice Requirement. La. L. Rev., 46, 311.

Plain Language and the Tower of Babel: Myth or Reality?, Keyes, J. M. (2001). Plain Language and the Tower of Babel: Myth or Reality?. Legal Ethics, 4(1), 15-17.

Fuentes v. Shevin: Procedural Due Process and Louisiana Creditor’s Remedies, Anderson, J. C., & L’Enfant Jr, H. W. (1972). Fuentes v. Shevin: Procedural Due Process and Louisiana Creditor’s Remedies. La. L. Rev., 33, 62.

Litigation and the Client’s Right to Make an Informed Choice, Pinsler, J. (2008). Litigation and the Client’s Right to Make an Informed Choice. SAcLJ, 20, 21.

Executory and Special Proceedings: Executory Process, Attachment and Sequestration, Mayhall, M. A. (1975). Executory and Special Proceedings: Executory Process, Attachment and Sequestration. Loy. L. Rev., 22, 190.

[PDF] The great recession and land and housing loss in African American communities: case studies from Alabama, Florida, Louisiana, and Mississippi part 1: home …, Otabor, C., & Nembhard, J. G. (2012). The great recession and land and housing loss in African American communities: case studies from Alabama, Florida, Louisiana, and Mississippi part 1: home foreclosures. Washington, DC: Howard University.

The Diligent Debtor: Love Child of the 60s, Ghetti, M. R. (1996). The Diligent Debtor: Love Child of the 60s. SUL Rev., 24, 35.

Res Judicata: Cause vs. Common Law, Loehn, T. E. (1975). Res Judicata: Cause vs. Common Law. Loy. L. Rev., 22, 221.

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