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Writ of execution

 
Law Dictionary: Writ of Execution

A routine court order by which the court attempts to enforce the judgment that has been granted a plaintiff by authorizing a sheriff to levy on the property belonging to the judgment debtor, which is located within the county. See Green, Civil Procedure 223 (2d ed. 1979). See also in rem; sheriff's sale.

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WordNet: writ of execution
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Note: click on a word meaning below to see its connections and related words.

The noun has one meaning:

Meaning #1: 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
  Synonym: execution


Wikipedia: Writ of execution
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A writ of execution is a court order granted in an attempt to satisfy a monetary judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of 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 take possession of 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.

Generally, execution is unnecessary for defendants who pay verdicts against themselves voluntarily. However, some defendants ignore judgments against them, and thereby force plaintiffs to employ writs of execution to actually enforce judgments.

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 (IRA) from execution as well as unemployment income, but the amount that is exempt may be limited.



 
 

 

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Law Dictionary. Law Dictionary. Copyright © 2003 by Barron's Educational Series, Inc. All rights reserved.  Read more
WordNet. WordNet 1.7.1 Copyright © 2001 by Princeton University. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "Writ of execution" Read more