Also known as:execution and levy · executions · levies · execution · levy · judgment enforcement · writ of execution · levy on property
Written by attorneys · grounded in primary & secondary sources — see below
A method of enforcing a money judgment by which a court issues a writ directing a sheriff or other officer to seize and sell the judgment debtor's property to satisfy the judgment.
Sources & Authorities· 38 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Congressional Power Over Taxation
After a merchant refuses to pay a federal excise tax, the government obtains a money judgment. The court issues a writ of execution directing the marshal to seize and sell the merchant's inventory to satisfy the judgment.
Necessary Means for Enumerated Powers
A state court enters a money judgment against a national bank. Federal officers obtain a writ and levy on the bank's local assets, selling them to collect the judgment amount.
Trust Devise Under Probate Code
After a testator's death a creditor obtains a judgment against the estate. The probate court issues a writ permitting the sheriff to levy on and sell trust property to satisfy the claim.
A judgment creditor obtains a writ of execution against a seller's property. The sheriff levies on the real estate before the deed is recorded and sells it to satisfy the judgment.
Surrender of Claim as Consideration
After a party defaults on a promised payment, a judgment is entered. The judgment creditor obtains a writ and levies on the defaulting party's bank account to collect the amount due.
Support Order Enforcement
A court enters a child support order against an obligor. The obligor fails to pay and the tribunal places a lien on the obligor's real property. The court orders execution on the property to satisfy the accumulated support arrears.
Common questions
Frequently Asked
3
What is the difference between a writ of execution and a levy?+
A writ of execution is the court order directing an officer to seize property. A levy is the actual seizure or placement of a lien on the property pursuant to that writ.
Supporting sources
Can a judgment creditor levy on property held in a trust?+
Yes, when the trust property is reachable under the applicable probate or trust rules, execution may be ordered against assets devised to or held in the trust.
Does execution require the judgment debtor to be personally liable?+
Yes, in partnership and limited partnership contexts a judgment creditor generally may not levy on a partner's individual assets unless the partner is personally liable for the underlying claim.
17 U.S. (4 Wheat.) 316 (1819)Business Associations
…the instrument. A Constitution cannot contain an accurate detail of all the means by which its great powers may be carried into execution. Its nature requires that its great outlines be marked and its important objects designated; minor ingredients must be deduced from the nature of the objects. The framers intended a…