Also known as: execute · executes · executed · executing · executions · executio · executable · executory · enforcement · performance
Written by attorneys · grounded in primary & secondary sources — see below
The legal process by which a judgment creditor enforces a money judgment. A writ directs the sheriff or other authorized officer to seize and sell the judgment debtor's nonexempt property to satisfy the debt.
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Elise Everly contracted to buy land from Eastern Electric. A prior judgment lien remained of record and was not released by closing. The buyer refused to perform because the title defect prevented marketable title. The seller could not cure within the contract period, so the buyer rescinded without liability.
Congress enacted a uniform excise on imported goods to fund national defense. Emily Ellis, an importer, challenged the tax as nonuniform. The court upheld the statute because Article I Section 8 grants Congress power to lay and collect excises that apply equally throughout the United States.
Ella Emerson sued Enigma Technologies for breach. During negotiations, the company offered a cash payment to settle. At trial the plaintiff sought to introduce the offer to prove liability. The court excluded the evidence under Rule 408 because it was made during compromise negotiations.
Judge Ethan Evans made a remark during a hearing that manifested gender bias against a female litigant. The remark occurred while performing judicial duties. The judicial conduct commission found a violation of Rule 2.3(B) because the judge may not manifest bias or permit staff to do so.
Eileen Epstein hired Elite Dynamics as her agent to manage rental property. The agent failed to discover a structural defect that ordinary care would have revealed. The principal sued for breach of duty. The court held the agent liable because an agent must know what a person of ordinary experience would know when performing duties with due care.
Edgewater Capital contracted with Erika Echevarria to pay a debt owed to a third party. The contract language showed intent to benefit the third party directly. When the promisor failed to pay, the third party sued as a beneficiary. The court permitted the suit because performance was intended to benefit a person other than the promisee.
Execution reaches the judgment debtor's nonexempt real and personal property. The sheriff seizes and sells assets to satisfy the judgment after the writ is issued and delivered.
Supporting sources
Yes. The seller must execute and deliver a deed that conveys marketable title. Failure to do so allows the buyer to rescind if the title defect is not cured.
The evidence may be admitted for purposes other than proving liability or damages, such as showing bias, undue delay, or obstruction of a criminal investigation.
…phases of this problem recently in Escobedo v. Illinois , 378 U.S. 478 (1964). There, as in the four cases before us, law enforcement officials took the defendant into custody and interrogated him in a police station for the purpose of obtaining a confession. The police did not effectively advise him of his right to…