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A writ of execution allows a sheriff to seize and sell a debtor’s property to satisfy a judgment. If the debtor fails to respond, the writ can be issued. It is important to seek legal advice and respond to the judgment to avoid this outcome.
A writ of execution is a legal act that authorizes a sheriff to seize property belonging to a debtor and sell it to raise funds for the purpose of satisfying the terms of a judgment. It should not be confused with an execution warrant, a document outlining a death sentence for someone convicted of a serious crime. People may also use the term “deed of execution” to refer to a writ of execution, with the terminology mainly varying by region.
When debtors are taken to court for non-payment, the judge hears the case and decides on the merits. If the debtor is found to be in default, the court may order immediate payment to satisfy the debt or pay the current account, and further charges may be added to cover the creditor’s legal costs, depending on whether this is permitted. The debtor must respond to the judgment by making payment, requesting a payment plan if the judgment cannot be satisfied immediately, or by appealing the judgment.
If the debtor fails to respond, a writ of execution can be issued. The document discusses the amount of the debt and orders a sheriff to seize a suitable amount of property and sell it. Generally, sheriffs are free to enter both private homes and businesses for this purpose, although if someone is in the home in a private residence, the sheriff must show the warrant and request permission to enter. Some nations also have laws limiting the type of property sheriffs can seize to settle a debt.
The sheriff takes the impounded property and sells it at auction. The writ of execution covers enough assets to satisfy the sentence, as well as expenses associated with the seizure, as the sheriff withholds some of the money to compensate for the services provided. If a writ of execution appears to have been issued in error or a debtor wants to settle with the creditor, a stay request can be filed. When the mandate is suspended, it is not lifted, but will not be executed until the suspension is lifted.
People who receive judgments against them should discuss the matter with a lawyer. Failure to respond will result in the issuance of a writ of execution. Even a token effort made in good faith, such as outlining financial hardship and asking for a temporary stay of judgment, is usually enough to satisfy the court.
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