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To collect money from the other side's bank account or their paycheck, you first need a filed Writ of Execution from the court. This tells the sheriff to go to the other side's bank or employer and have them give the sheriff money from the other side's bank account or paycheck to give to you.
If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale.
A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money.
What is a Writ of Execution? and how do I obtain one? A Writ of Execution is a method directed by the Court to attempt to enforce a judgment that has been granted. It authorizes a sheriff to levy on property belonging to the defendant within the State of Florida.
A writ of execution is one of the final steps in procuring compensation for debts owed. The sheriff or marshall will seek to seize property to fulfill the order. The property may then be sold in order to pay the debt specified. The seizure may also include money from a specific bank account that belongs to the debtor.
A writ of attachment demands the creditor's property prior to the outcome of a trial or judgment, whereas a writ of execution directs law enforcement to begin the transfer of property as the result of the conclusion of a legal judgment.
Rule 1.580 - WRIT OF POSSESSION (a) Issuance. When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution.
Return to the Clerk of the Court that originally issued your judgment and ask for a Writ of Execution. Deliver the Writ to the sheriff's department for the county where the debtor's property is located. Provide the sheriff's department with: A deposit to cover their fees and costs.