{"id":6122,"date":"2017-11-01T22:25:49","date_gmt":"2017-11-01T22:25:49","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=6122"},"modified":"2018-06-10T23:33:52","modified_gmt":"2018-06-10T23:33:52","slug":"writ-of-execution-directs-officers-to-enforce-a-judgment-often-but-not-always-by-seizing-selling-the-judgment-debtors-property","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=6122","title":{"rendered":"writ of execution – directs officers to enforce a judgment, often, but not always, by seizing & selling the judgment debtor’s property"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Court Rulings, Orders, Decrees, Judgments, etc.<\/a> >>>> Court Orders<\/a> >>>> Writs<\/a> >>>>\u00a0Writs for Recovering Property, Estates, or Damages as a Result of Loss Thereof<\/a>:<\/span><\/strong><\/p>\n

*********************************<\/p>\n

writ of execution<\/span>:<\/span><\/strong>
\nn. (14c.)<\/span><\/p>\n

1. The act of carrying out or putting into effect (as a\u00a0court order or a securities transaction)<\/strong> <execution of the court\u2019s decree> <execution of\u00a0the stoploss order>. <\/strong><\/span><\/p>\n

2. Validation of a written instrument, such as a contract or will, by\u00a0fulfilling the necessary legal requirements <\/strong><delivery of the goods completed the\u00a0contract\u2019s execution>. <\/strong><\/span><\/p>\n

3. Judicial enforcement of a money judgment, usually by seizing and\u00a0selling the judgment debtor\u2019s property<\/strong> <even if the plaintiff receives a judgment\u00a0against the foreign debtor, execution is unlikely>.<\/strong> \u2013 aka (in Scots law)\u00a0diligence<\/em><\/strong><\/span>. <\/span><\/p>\n

4. A court order directing a sheriff or other officer to enforce a judgment,\u00a0usually by seizing and selling the judgment debtor\u2019s property<\/strong> <the court issued the\u00a0execution authorizing seizure of the car>.<\/strong> \u2013 aka execution writ<\/strong><\/em><\/span>; writ of\u00a0execution<\/span><\/strong><\/em>; execution of judgment<\/span><\/strong><\/em>; judgment execution<\/span><\/strong><\/em>; general execution<\/span><\/strong><\/em>; fieri facias<\/span><\/strong><\/em>.\u201d [1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from\u00a0Gleason L. Archer’s\u00a0Law Office and Court Procedure<\/a>:<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u201cAfter judgment has been entered execution will issue, at\u00a0<\/span><\/strong><\/span>the request of the party who is entitled thereto, but the time\u00a0<\/strong><\/span>allowed for appeal from the judgment must have expired.\u00a0\u00a0<\/strong><\/span>Execution is a writ for the enforcement of a judgment, and is\u00a0<\/strong><\/span>directed to such officers as have authority to make service\u00a0<\/strong><\/span>within the jurisdiction. Execution ordinarily includes the\u00a0<\/strong><\/span>amount of the debt or damage that has been ascertained to be\u00a0<\/strong><\/span>due, together with costs. \u00a0Executions are issued upon written\u00a0<\/strong><\/span>order being presented to the clerk of courts by the party\u00a0<\/strong><\/span>desiring it. There is no set form of such<\/strong> request, although some\u00a0<\/strong><\/span>courts have printed blanks for the use of the public.<\/span>\u201d [2]<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Benjamin J. Shipman’s Handbook of Common-Law\u00a0<\/a>Pleading<\/a>:<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0 \u201cA writ of execution is an authorization to an executive\u00a0<\/span><\/strong><\/span>officer, issued from a court in which a final judgment has been\u00a0<\/strong><\/span>rendered, for the purpose of carrying such judgment into force\u00a0<\/strong><\/span>and effect. \u00a0It is founded upon the judgment, must generally be\u00a0<\/strong><\/span>conformed to it in every respect, and the plaintiff is always\u00a0<\/strong><\/span>entitled to it to obtain a satisfaction of his claim, unless his\u00a0<\/strong><\/span>right has been suspended by proceedings in the nature of an\u00a0<\/strong><\/span>appeal or by his own agreement.<\/span>\u201d<\/strong> [3]<\/span><\/p>\n

alias execution<\/span> –<\/strong>\u00a0(17c) A second execution issued to enforce a judgment not fully\u00a0satisfied by the original writ.<\/strong> \u00a0Cf. alias writ<\/a>.<\/span><\/p>\n

body execution<\/span> –<\/strong>\u00a0(1875) A court order requiring an officer to take a named person into\u00a0custody, usually to bring the person before the court to pay a debt; CAPIAS.<\/strong><\/span><\/p>\n