Also known as: writs of execution · execution writ
Written by attorneys · grounded in primary & secondary sources — see below
A court order directing a sheriff or other officer to seize and sell a judgment debtor's property to satisfy a money judgment. The writ creates an execution lien on the property once delivered or levied and authorizes the officer to conduct a sale with proceeds applied to the judgment.
Wallace Webb obtained a judgment against Woodridge Manufacturing LP. He directed the sheriff to levy on the partnership bank accounts under a writ of execution. The accounts yielded only part of the amount owed and the writ returned unsatisfied. Webb may now proceed against the personal assets of the general partner.
Whitney Washington secured a judgment against Walker Valley Produce. She obtained a writ of execution and the sheriff levied on partnership equipment. The sale produced insufficient proceeds and the writ returned unsatisfied in part. Washington may now reach a personally liable partner's individual property.
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Winter Wolfe won a large verdict against Westbrook Dynamics. After the judgment became final, Wolfe requested a writ of execution from the clerk. The defendant posted a supersedeas bond to stay enforcement. The writ remains available once the bond is released or the appeal concludes.
Wendy Wu obtained a judgment against Wesley Wells. She secured a writ of execution directing the sheriff to seize Wells's bank account held by a third-party garnishee. The garnishee received notice and the funds were applied to the judgment after the statutory waiting period.
Wyatt Wilson obtained a federal judgment and the marshal levied on real property under a writ of execution. Before the sale the marshal's term expired. The succeeding marshal continued the proceedings and completed the sale under the same writ.
A creditor must first obtain a judgment against the partnership and secure a writ of execution on that judgment. Only if the writ is returned unsatisfied in whole or in part may the creditor levy on a personally liable general partner's assets under the uniform acts.
Supporting sources
Rule 69 provides that a money judgment is enforced by a writ of execution unless the court directs otherwise. The procedure must follow the law of the state where the court sits, subject to any applicable federal statute.
Supporting sources
No. A judgment by itself does not create a lien. The creditor must obtain a writ of execution, deliver it to the sheriff, and effect a levy before an execution lien arises on personal property.
The process begins with entry of a final money judgment, followed by issuance and delivery of the writ of execution to the sheriff, levy on the debtor's property, sale at public auction, and distribution of proceeds to the judgment creditor.
…garnishee appeared, the court, while condemning the credits attached, could not, by the terms of the Maryland statute, issue the writ of execution unless the plaintiff gave bond or sufficient security before the court awarding the execution, to make restitution of the money paid if the defendant should, at any time within a year and a…