Writ of execution

Writ of execution

A writ of execution is a common court order granted by a court in an attempt to satisfy a judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to levy property owned by a judgment debtor. Such property will often then be sold in a sheriff's sale, and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment. It is generally considered preferable for the sheriff simply to confiscate money from the defendant's bank account. If the judgment debtor owns real property, the judgment creditor can record the execution to "freeze" the title until the execution is satisfied.

In the United States, not all assets are subject to execution. For example, social security income that resides in a bank account is exempt from a levy on a debtor's bank account. Many states also protect an Individual Retirement Account from execution,as well as unemployment income but the amount that is exempt may be limited. Also, the debtor, may have to ask the civil court for his/her writ of execution, in order for the court to protect their bank accounts from levy. A person should not, however, assume that because they are collecting SSI/SSD, that the creditor simply won't levy -- they may. The debtor must also prove that the funds in the account are exempt.


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Look at other dictionaries:

  • writ of execution — n. A writ ordering a law enforcement officer to enforce a judgment by the court. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. writ of execution one …   Law dictionary

  • writ of execution — ˌwrit of exeˈcution noun writs of execution PLURALFORM [countable] LAW a writ to put into effect a court s judgement by forcing someone to pay an amount of money or do something. It is usually addressed to a court officer, ordering him or her to… …   Financial and business terms

  • Writ Of Execution — A legal term that describes a court order that is granted in order to satisfy a judgment awarded to a plaintiff in a court of law. If a court issues a writ of execution, usually a local sheriff is charged with taking possession of property owned… …   Investment dictionary

  • writ of execution — A direct command of the court to the sheriff to carry out the mandate of the writ which normally is the enforcement of a judgment. 30 Am J2d Exec § 28. See alias writ of execution; pluries writs …   Ballentine's law dictionary

  • writ of execution — noun Law a writ directed to an official ordering the enforcement of a judgement …  

  • writ of execution — noun a routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out • Syn: ↑execution • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑court order …   Useful english dictionary

  • writ of execution — noun Law a judicial order that a judgement be enforced …   English new terms dictionary

  • alias writ of execution — A second writ of execution issued in the same cause, where a former writ of the same kind has been issued without effect or without complete effect in satisfying the judgment upon which the writ was issued. 30 Am J2d Exec § 84 …   Ballentine's law dictionary

  • execution — ex·e·cu·tion /ˌek si kyü shən/ n 1: the act or process of executing witnessed the execution of the will 2: a putting to death as fulfillment of a judicial death sentence 3: the process of enforcing a judgment (as against a debtor); also: a… …   Law dictionary

  • writ — / rit/ n [Old English, something written] 1: a letter that was issued in the name of the English monarch from Anglo Saxon times to declare his grants, wishes, and commands 2: an order or mandatory process in writing issued in the name of the… …   Law dictionary

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