Also known as:judgement execution · execution of judgment · execution of judgement · judgment enforcement · writ of execution
Written by attorneys — see sources below.
A procedural mechanism by which a prevailing party enforces a money judgment. The mechanism operates through issuance of a writ directing seizure and sale of the judgment debtor's assets to satisfy the award. A writ of execution on a partnership judgment must be returned unsatisfied in whole or in part before a creditor may proceed against a personally liable partner's separate property.
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Statutes
Federal Rules
Uniform Acts
How its tested
Common Examples
6
Limited Partnership Execution Returned Unsatisfied
Harvest Foods obtained a money judgment against SafeHarbor Shelters LP. The sheriff levied on the partnership bank accounts and recovered only a fraction of the amount due. After the writ came back unsatisfied for the balance, Harvest moved to attach Grace's personal residence as a general partner. The court permitted the levy because the statutory precondition of an unsatisfied execution on the partnership judgment had been met.
General Partnership Writ Leaves Balance
Lena secured a judgment against Apex Capital Partners after an arbitration award. Execution against the partnership accounts produced only partial payment. With the writ returned unsatisfied for the remainder, Lena levied on Maya’s personal assets as a general partner. The unsatisfied return satisfied the statutory gateway allowing collection from the partner’s separate property.
Garnishment Leads to Execution
After obtaining a judgment in Maryland, a creditor served a writ of execution on a North Carolina resident who owed money to the judgment debtor. The garnishee paid the attached debt into court. The payment satisfied the Maryland judgment through the mechanism of judgment execution even though the garnishee resided outside the rendering state.
Harris v. Balk198 U.S. 215 (1905)
Harris, a resident of North Carolina, owed Balk, also a resident of North Carolina, the sum of one hundred eighty dollars. Balk in turn owed Epstein a larger sum of approximately three hundred forty-four dollars. While Harris was temporarily present in the State of Maryland, Epstein caused a writ of attachment to be issued against Balk in a Maryland court and served the writ upon Harris as garnishee.
The Maryland court entered a judgment condemning the debt owed by Harris to Balk and directing that Harris pay the sum of one hundred eighty dollars to Epstein. Harris complied with the judgment and made the payment to Epstein. Balk then commenced an action against Harris in the courts of North Carolina to recover the same debt.
Harris interposed the Maryland judgment and his payment thereunder as a defense to Balk's suit. Balk had notice of the attachment and judgment within a few days after it was entered and after Harris returned to North Carolina. The Supreme Court of North Carolina refused to give any effect to the Maryland judgment in the action, and the case came before the Supreme Court of the United States for review of that refusal.
Pennzoil obtained a multi-billion-dollar judgment against Texaco in Texas state court. Texaco posted a supersedeas bond to stay execution while appealing. The bond prevented immediate seizure of Texaco assets under the writ of execution pending final resolution of the appeal.
Pennzoil Co. v. Texaco, Inc.481 U.S. 1 (1987)
Getty Oil Co. and Pennzoil Co. negotiated an agreement under which Pennzoil was to purchase about three-sevenths of Getty's outstanding shares for $110 a share. Appellee Texaco Inc. eventually purchased the shares for $128 a share. On February 8, 1984, Pennzoil filed a complaint against Texaco in the Harris County District Court, a state court located in Houston, Texas, the site of Pennzoil's corporate headquarters. The complaint alleged that Texaco tortiously had induced Getty to breach a contract to sell its shares to Pennzoil. Pennzoil sought actual damages of $7.53 billion and punitive damages in the same amount.
On November 19, 1985, a jury returned a verdict in favor of Pennzoil, finding actual damages of $7.53 billion and punitive damages of $3 billion. The parties anticipated that the judgment, including prejudgment interest, would exceed $11 billion. By recording an abstract of a judgment in the real property records of any of the 254 counties in Texas, a judgment creditor can secure a lien on all of a judgment debtor's real property located in that county. If a judgment creditor wishes to have the judgment enforced by state officials so that it can take possession of any of the debtor's assets, it may secure a writ of execution from the clerk of the court that issued the judgment. Such a writ usually can be obtained after the expiration of thirty days from the time a final judgment is signed unless the judgment debtor files a good and sufficient supersedeas bond in at least the amount of the judgment, interest, and costs.
Even before the trial court entered judgment, the jury's verdict cast a serious cloud on Texaco's financial situation. The amount of the bond required would have been more than $13 billion. Texaco would not have been able to post such a bond. The business and financial community concluded that Pennzoil would be able to commence enforcement of any judgment before Texaco's appeals had been resolved. The effects on Texaco were substantial: the price of its stock dropped markedly; it had difficulty obtaining credit; the rating of its bonds was lowered; and its trade creditors refused to sell it crude oil on customary terms.
On December 10, 1985, before the Texas court entered judgment, Texaco filed this action in the United States District Court for the Southern District of New York in White Plains, New York, the site of Texaco's corporate headquarters. Texaco alleged that the Texas proceedings violated rights secured to Texaco by the Constitution and various federal statutes. It asked the District Court to enjoin Pennzoil from taking any action to enforce the judgment. The District Court rejected Pennzoil's arguments under the Anti-Injunction Act, Younger abstention, and the Rooker-Feldman doctrine. It found that Texaco had shown a likelihood of success on its constitutional claims and issued a preliminary injunction. The Court of Appeals for the Second Circuit affirmed, holding that the due process and equal protection claims were within the District Court's jurisdiction, that Texaco had stated a claim under 42 U.S.C. § 1983, and that abstention was unwarranted.
Later that same day the Texas trial court entered judgment against Texaco for $11,120,976,110.83. On February 12, 1987, the Texas Court of Appeals substantially affirmed the judgment but remitted $2 billion of the punitive damages award. The Supreme Court noted probable jurisdiction under 28 U.S.C. § 1254(2) and considered the case.
Compensation Order Enforced by Execution
After a deputy commissioner issued a workers’ compensation order against an employer, the claimant waited thirty days without payment. The claimant then obtained a writ of execution from the district court to seize employer assets. The writ converted the administrative award into an enforceable federal judgment.
Crowell v. Benson285 U.S. 22 (1932)
Knudsen filed a claim for compensation against Benson under the Longshoremen's and Harbor Workers' Compensation Act with Deputy Commissioner Crowell of the United States Employees' Compensation Commission. The evidence introduced before the deputy commissioner was directed largely to the employment issue and was conflicting.
After considering the evidence the deputy commissioner found that Knudsen was in Benson's employ at the time of the injury and filed an order for compensation. Benson then brought suit in the United States District Court to enjoin enforcement of the award. Benson alleged that Knudsen was not his employee at the time of the injury and that the claim lay outside the deputy commissioner's jurisdiction.
An amended complaint further challenged the constitutionality of the Act on multiple grounds. Those grounds included alleged violations of the due process clause of the Fifth Amendment, the Seventh Amendment right to jury trial, the Fourth Amendment prohibition on unreasonable searches and seizures, and the judicial power provisions of Article III. The District Judge denied motions to dismiss and granted a hearing de novo upon the facts and the law.
The case was transferred to the admiralty docket, answers were filed presenting the issue as to the fact of employment, and the evidence of both parties having been heard, the District Court decided that Knudsen was not in the employ of the petitioner and restrained the enforcement of the award. The decree was affirmed by the Circuit Court of Appeals, and this Court granted writs of certiorari.
Military Commission Judgment Stays Execution
A military commission convicted Hamdan and imposed a sentence. While habeas proceedings remained pending, the government refrained from issuing a writ of execution to carry out the punishment. The ongoing litigation blocked enforcement of the judgment until the Supreme Court resolved the jurisdictional challenge.
Hamdan v. Rumsfeld548 U.S. 557 (2006)
Salim Ahmed Hamdan, a Yemeni national, was captured by militia forces in Afghanistan in November 2001 during hostilities between the United States and the Taliban regime that then governed the country. The militia turned him over to the United States military, which transported him to the detention facility at Guantanamo Bay, Cuba, in June 2002. Over a year later, on July 3, 2003, the President determined that Hamdan was eligible for trial by military commission for then-unspecified crimes.
Subsequently, on July 13, 2004, the government charged Hamdan with one count of conspiracy to commit offenses triable by military commission. The charging document alleged that from February 1996 to November 2001 he had joined an enterprise with al Qaeda members and committed four overt acts in furtherance of that conspiracy. Hamdan then filed petitions for writs of habeas corpus and mandamus in the United States District Court for the District of Columbia to challenge both the authority of the military commission and the procedures it would employ.
The District Court granted Hamdan's habeas petition on November 8, 2004, stayed the commission proceedings, and concluded that the commission lacked authority under the law of war and violated both the Uniform Code of Military Justice and Common Article 3 of the Geneva Conventions. The Court of Appeals for the District of Columbia Circuit reversed that decision, holding that the Geneva Conventions were not judicially enforceable and that the commission's jurisdiction and procedures were lawful. The Supreme Court granted certiorari on November 7, 2005.
On December 30, 2005, Congress enacted the Detainee Treatment Act, after which the government moved to dismiss the case for lack of jurisdiction. The Supreme Court postponed ruling on the motion and later denied it, retaining jurisdiction over the appeal.
4 common questions
Students Frequently Ask...
When may a creditor reach a general partner’s personal assets after obtaining a judgment only against the limited partnership?
A creditor may reach the general partner’s assets only after obtaining a judgment against the partnership on the same claim and having a writ of execution on that judgment returned unsatisfied in whole or in part. Additional statutory gateways such as partnership bankruptcy or partner consent also suffice. The unsatisfied execution demonstrates that partnership assets are inadequate.
Does a judgment against a partnership automatically bind the partners personally?
No. A judgment against the partnership is not by itself a judgment against any partner. The creditor must satisfy an additional statutory condition, most commonly an unsatisfied writ of execution against partnership assets, before levying on a partner’s separate property.
Supporting sources
What happens if the partnership still holds unlevied assets when the creditor seeks to execute against a partner?
The creditor generally cannot proceed against the partner. The statute requires either an unsatisfied writ or another listed exception such as bankruptcy or consent. Available but unencumbered partnership property must ordinarily be pursued first.
Supporting sources
May a court authorize execution against a partner’s assets without a prior unsatisfied writ?
Yes, but only upon a specific finding that partnership assets are clearly insufficient, that exhaustion would be excessively burdensome, or that equitable considerations support immediate recourse to personal assets. The court order itself supplies the statutory gateway.
Supporting sources
, to make restitution of the money paid if the defendant should, at any time within a year and a…
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was issued and real estate of Neff was sold and was ultimately acquired by Pennoyer. Neff sued in the Circuit Court of the United States for the District of Oregon to recover the property,…
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