When a plaintiff wins a judgment against a defendant, they can use a writ of execution to collect the debt. The defendant must be summoned to court to determine if they have assets that can be sold to pay the debt. If the court finds non-exempt assets, a writ of execution can be issued, allowing the seizure and sale of the property to satisfy the judgment. Excess funds from the sale go to the plaintiff, and the defendant is still liable for any remaining balance.
When a plaintiff, the person to whom money is owed, gets a judgment against a defendant, he must then collect on the judgment. A legal mechanism often available to a plaintiff is a writ of execution. To obtain an enforcement order, the plaintiff must summon the defendant to court and convince the court that the defendant has assets available for sale to satisfy the sentence.
When a person owes money, they often file a lawsuit against the debtor in an attempt to obtain a fine. A judgment is a court order declaring that money is, in fact, owed. Once the plaintiff has made a judgment against the debtor, the next step is to enforce or collect the judgment. Before a plaintiff can make any effort to collect the judgment, the time limit within which the defendant must appeal the judgment must expire. In the United States, a defendant generally has about 30 days to appeal a judgment, although the time frame can vary by jurisdiction.
After the appeal period has elapsed, the plaintiff must file a motion with the court asking the defendant to return to court and answer for his or her income and assets. Courts may refer to this as a supplementary proceeding, a debtor interview or something similar. The purpose is for the plaintiff and the court to have the opportunity to ask the defendant, under oath, about his income and any assets or property he has to determine whether or not a writ of execution is appropriate.
In the United States, federal and state laws protect certain income and property from collection efforts on most judgments. Federal benefits, such as Social Security income, are generally exempt from foreclosure. Many state laws protect a person’s real or personal property from enforcement to satisfy a judgment by also making it exempt. If, however, the court is satisfied that the defendant owns personal or real estate that is not exempt from enforcement, then it can order a writ of execution.
A writ of execution is a legal order from a court ordering the sheriff or local policeman to seize the property listed in the deed. Once the property has been seized, it can be sold at a sheriff’s sale and the proceeds used to satisfy the judgment held by the plaintiff. If there are any excess funds from the sale, they will be forwarded to the plaintiff. If an irregularity remains, the defendant will still be liable for the remaining balance of the judgment.
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