What Is Execution of My Judgment?

Execution of my judgment is the process of using the proper officer of the court (usually the sheriff) to take possession of property belonging to my judgment debtor. Once he takes the property, he sells it at auction and then uses the proceeds to pay me what is owed by the judgment debtor. Naturally, collecting my judgment is what I am after.

The way this usually works is simple. From the investigation I have done I identify asset belonging to my debtor which can be used to satisfy the judgment debt. I take my judgment to the clerk of court and have a document called a Writ of Execution issued. This writ then goes to the Sheriff (or other appropriate officer). Sometimes the appropriate officer is a Marshall or Constable. The clerk of court can steer me in the right direction about this.

The executing officer receives the Writ of Execution with instructions identifying what property is to be executed upon (seized). After seizing, they schedule a sale and advertise that fact for anyone who wants to attend.

If the judgment debtor doesn’t want to lose the property that is going to be auctioned, he has a right to pay the judgment debt and associated costs before the sale. This allows him to redeem his property.

Execution rules can vary from state to state and from jurisdiction to jurisdiction. I would be sure to find out the details for my jurisdiction so that it can be as simple for me as possible

 
Judgment Collection - Asset Search - Apartment Rental Lease Collections - People Locator
Statute Of Limitations For Debt Collection and Judgment Collection - Enforcing out of State Judgments Lawyers
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