Writ of Execution Definition

What Is a Writ of Execution?

A writ of execution is a court docket order that places in drive a judgment of possession and directs regulation enforcement personnel to start the switch of property as the results of a authorized judgment. Property might embrace belongings, cash, or actual property.

Understanding Writs of Execution

A judgment of possession is a sort of court docket order that determines who’s entitled to property. After a judgment of possession is rendered by the court docket, the decide might then challenge a writ of execution to start the switch of property. The judgment for possession states the plaintiff has a proper to the property; the writ of execution truly begins the switch course of from a judgment debtor to a plaintiff.

When a court docket points a writ of execution, a sheriff, deputy sheriff, or a court docket official is often charged with taking possession of any property that’s owed to the plaintiff. If the property is cash, the debtor’s checking account could also be frozen or the funds could also be moved right into a holding account. If actual property is to be transferred, the gadgets may be transferred in-kind or may be offered in a sheriff’s sale. Funds from the sale could also be given to the plaintiff to fulfill the phrases of the court docket’s judgment.

How a Writ of Execution Works

After a judgment of possession, a writ of execution is often solely granted if the defendant is required by regulation to make a fee to a plaintiff, however is not going to achieve this voluntarily. A writ of execution will also be used to evict a tenant who is not going to go away on their very own and who is not going to pay lease. Within the occasion of a tenant’s eviction, the issuance of a writ of execution permits the tenant and their belongings to be faraway from the residence.

A writ of execution additionally permits for property to be collected that may then be offered to supply funds for reimbursement. In sure instances, the debtor’s checking account could also be accessed. Nonetheless, sure funds could also be off-limits even with a writ of execution, together with Social Safety revenue. Many states additionally exempt unemployment insurance coverage (UI) advantages and cash held in an IRA.

A writ of execution might also be issued in a chapter case. In chapter instances, judges often direct a writ of execution to a U.S. Marshal relatively than a state official, resembling a sheriff or a court docket officer. Chapter instances can solely be heard in federal courts; on the federal degree, the U.S. Marshals Service is usually the agent for executing writs of execution. The U.S. Marshal is then tasked with imposing and satisfying the judgment for fee of cash.