How a Writ of Execution Applies to Collecting Monetary Judgments

Civil court cases often end up being resolved with some sort of judgment that includes a monetary award. The awards are sometimes referred to as monetary judgments. Collecting said judgments is not always easy. And in fact, winning parties often need to go back to court seeking a writ of execution in order to collect.

Winning parties are known as judgment creditors. Losing parties are judgment debtors. A judgment creditor has a legal right to collect what is owed on the judgment, within the constraints of applicable state law. It is up to the judgment debtor to cooperate. If they do not, a writ of execution may be the creditor’s only option.

Another Court Order

A civil judgment is essentially a court order. It is an order recognizing the liability of one party to another. Likewise, a writ of execution is also a court order. It is an order that gives the judgment creditor legal authority to seize and sell personal property owned by the debtor in order to satisfy the judgment.

State laws manage judgments and collection differently. In some states, a writ of execution is not entered by the court unless the creditor or its attorney requests it. In other states, a writ of execution is immediately ordered and entered at the conclusion of the case. Interestingly, a writ of execution is not actually directed at the creditor or debtor. It is directed at the local sheriff’s office.

Execution Is the Sheriff’s Responsibility

If you are not sure why a writ of execution is directed toward the local share of, it is in the name. The sheriff enforces execution of the court’s orders. Even though judgment creditors do have the legal right to collect, they do not have the legal right to enforce the law. So, a writ of execution directs the sheriff to seize and sell personal property on behalf of the creditor.

Some states that allow wage and bank account garnishment require a writ of execution before garnishment can precede. It is the same deal. The writ of execution directs the sheriff to serve the debtor’s employer and/or bank with a garnishment order and follow up to guarantee that the action is being taken.

Seizing and Selling Personal Property

In most cases for which a writ of execution is requested, the goal is to seize certain personal property for satisfaction of an outstanding judgment. Certain types of personal property are exempt from seizure. For example, most states do not allow seizure of a debtor’s primary residence – or at least a certain value of that residence based on a local homestead exemption. Creditors also can’t see tools and equipment the debtor needs to do his job, or any personal belongings deemed basic necessities.

Sometimes, figuring out what kinds of assets a debtor has available for seizure is not easy. That is where judgment collection agencies like Judgment Collectors come in. As specialists in judgment collection, they have the uncanny ability to find assets a debtor is trying to keep secret.

A Tool of Last Resort

Fortunately, judgment creditors and their attorneys and collection agencies tend to utilize the writ of execution as a tool of last resort. Creditors would rather work out amenable payment plans to avoid further litigation. They do not relish the idea of seizing and selling personal property.

The writ of execution is there when judgment creditors need it. If getting an order allowing the creditor to seize and sell personal property is the only way to collect on the debt, then that’s the way it has to be.