A writ of execution is a tool that judgment creditors and their representatives can use to collect outstanding judgments. They are perhaps the most aggressive form of judgment collection because they involve seizing and selling a debtor’s property. Sometimes, it’s the only way to get paid.
You are about to read three key aspects about the writ of execution in a money judgment scenario. But before we get to that, a brief word about money judgments is in order.
Orders From a Civil Court
Money judgments are essentially orders from a civil court. Imagine a homeowner suing a contractor for breach of contract. The homeowner is unhappy because the contractor’s work is shoddy and not up to standard. He wins his lawsuit, resulting in a monetary award being ordered by the court. That award is a money judgment.
The court’s judgment recognizes a legal debt as well as the homeowner’s claim to that debt. It also gives the homeowner access to collection tools that are unavailable without a court order. One of those tools is the writ of execution.
3 Things to Know
A writ of execution is a court order authorizing local law enforcement to seize debtor property for satisfaction of a judgment. That property could be sold at auction or transferred directly to the creditor as payment. There are two different types of writs:
- General – A general writ allows for the seizure of any non-exempt property found at the debtor’s address.
- Special – A special writ applies only to the specified property named therein.
Note that writs of execution are additional orders above and beyond an original judgment. In order to obtain a writ, a judgment creditor needs to go back to court and request it. It is usually just a formality.
With all that information out of the way, here are three key things to know about the writ of execution in money judgments:
1. Rules Can Vary by State
Although there are exceptions, most civil litigation is handled at the state and local level. Therefore, the rules regarding writs of execution are written by the states. This is important because the rules can vary from one state to the next. What’s true in Michigan may not be true in Utah, for example.
Speaking of Utah, Salt Lake City’s Judgment Collectors say that writ scope also tends to be limited. In other words the authority behind a writ of execution is limited to the jurisdiction in which it is filed. If you were to win a lawsuit in one county but want a writ of execution against property in a neighboring county, you would have to record the lawsuit in that neighboring county.
2. Law Enforcement Handles Execution
Judgment creditors or their attorneys do not execute writs. Execution is left to local law enforcement. Usually, that means the local sheriff or constable. If property is to be seized and transferred, the sheriff’s office handles the work.
3. Some Property Is Exempt
Some property is exempt from writs of execution. The debtor’s home is a good example. In some states, a debtor’s primary residence is completely off limits for a writ of execution. In other states, a certain value of the home is protected against collection actions. A homestead exemption in a given state lays all of that out.
A writ of execution can be a powerful tool for collecting unpaid judgments. Just the threat of getting a writ can be enough to encourage a judgment debtor to pay up. After all, who wants to lose personal property to pay a debt?
