Also known as: final processes · writ of execution · enforcement process
Written by attorneys · grounded in primary & secondary sources — see below
A writ or order issued after a judicial proceeding concludes to enforce the judgment. It commonly takes the form of a writ of execution directing seizure of assets to satisfy a money judgment.
Lena obtained a judgment against Apex Capital LP after an investment dispute. She directed a writ of execution at the partnership accounts, which recovered only part of the amount. Once the writ returned unsatisfied for the balance, she levied on Maya, the general partner personally liable for the obligation.
Harvest Foods won a judgment against SafeHarbor Shelters LP. Execution against the partnership bank accounts produced only a fraction of the amount owed. After the writ came back unsatisfied, Harvest attached Grace's personal residence as the general partner.
Select any source to read its text and confirm it supports the definition.
After a district court entered judgment for the prevailing party, the appellate court issued its mandate. The district court then authorized issuance of a writ of execution to seize the defendant's assets in satisfaction of the affirmed award.
A deputy commissioner issued a final compensation order in favor of an injured worker. When the employer failed to pay within thirty days, the worker obtained a writ of execution directing the marshal to seize employer property.
An employee obtained a judgment confirming an arbitration award against the employer. The court then issued a writ of execution permitting the sheriff to levy on corporate bank accounts to collect the unpaid award.
The government obtained a judgment against a seller for violating price regulations. The court directed issuance of a writ of execution authorizing seizure of the seller's inventory to satisfy the civil penalty.
A creditor must first obtain a judgment against the partnership on the claim and then secure a writ of execution that is returned unsatisfied in whole or in part. Only then may the creditor levy on the personal assets of a personally liable general partner.
Supporting sources
No. A judgment against the partnership is not itself a judgment against any general partner. The creditor must satisfy additional statutory conditions, such as an unsatisfied writ of execution, before reaching personal assets.
Supporting sources
The creditor must show either the partner's consent, partnership bankruptcy, or obtain a court order based on clear insufficiency of partnership assets or excessive burden of exhaustion.
Supporting sources
…"A democratic society, in which respect for the dignity of all men is central, naturally guards against the misuse of the law enforcement process. Zeal in tracking down crime is not in itself an assurance of soberness of judgment. Disinterestedness in law enforcement does not alone prevent disregard of cherished liberties. Experience…