Writ of execution


Writ of execution

A writ of execution is a common court order granted by a court in an attempt to satisfy a judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to levy property owned by a judgment debtor. Such property will often then be sold in a sheriff's sale, and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment. It is generally considered preferable for the sheriff simply to confiscate money from the defendant's bank account. If the judgment debtor owns real property, the judgment creditor can record the execution to "freeze" the title until the execution is satisfied.

In the United States, not all assets are subject to execution. For example, social security income that resides in a bank account is exempt from a levy on a debtor's bank account. Many states also protect an Individual Retirement Account from execution,as well as unemployment income but the amount that is exempt may be limited. Also, the debtor, may have to ask the civil court for his/her writ of execution, in order for the court to protect their bank accounts from levy. A person should not, however, assume that because they are collecting SSI/SSD, that the creditor simply won't levy -- they may. The debtor must also prove that the funds in the account are exempt.


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