Writ Of Execution Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Writ Of Execution, written in plain English, along with examples of how it is used.
What is Writ Of Execution?
(n) A writ of execution is the written order issued by the law enforcing officer to enforce the judgment of the court the way the court orders. For example a judge may issue a writ of execution directing the sheriff or local authority to attach the property of the defendant to recover the dues as per the judgment
History and Meaning of Writ of Execution
A writ of execution is a court order that authorizes the enforcement of a judgment against a debtor. The use of the writ of execution can be traced back to the common law legal system of England where it was a court order to seize the property of a debtor who had failed to pay a court judgment. In the United States, the writ of execution is used to enforce court judgments and liens, and to satisfy monetary awards.
When a writ of execution is issued, the court issues an order directing the law enforcement officer, usually the sheriff or constable, to seize property belonging to the debtor in order to satisfy the judgment. The specific property to be seized is usually specified in the order, and the property is sold at a public auction with the proceeds being applied to the judgment.
Examples of Writ of Execution
A creditor obtains a judgment against a debtor who has failed to pay a debt. The creditor requests a writ of execution from the court, and the court issues an order authorizing the sheriff to seize the debtor's property, such as a car or bank account, in order to satisfy the judgment.
A landlord obtains a judgment against a tenant for unpaid rent. The landlord requests a writ of execution from the court, and the court authorizes the sheriff to seize the tenant's property, such as furniture or jewelry, in order to satisfy the judgment.
A homeowner's association obtains a judgment against a homeowner for unpaid association fees. The association requests a writ of execution, and the court orders the sheriff to seize the homeowner's property, such as a boat or second home, in order to satisfy the judgment.
Legal Terms Similar to Writ of Execution
Garnishment - a legal procedure where a creditor can collect what a debtor owes by taking it directly from the debtor's paychecks or bank account.
Liens - a legal claim or attachment on property as security for the payment of a debt or obligation.
Levy - the legal process of seizing property to satisfy a debt.