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Declaring bankruptcy or filing a consumer proposal can remove a writ from your personal property once you earn your discharge or certificate of completion. You should tell your Licensed Insolvency Trustee about your intentions to sell or refinance your property so they can assist with any existing writs.
Service of Process Resources A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
What Is a Writ of Execution? A writ of execution is a court order that puts in force a judgment of possession and directs law enforcement personnel to begin the transfer of property as the result of a legal judgment. Property may include assets, money, or real property.
If a payment hearing wasn't scheduled, you can ask for a Writ of Execution 30 days after the judgment date. Give the Writ of Execution to a constable or a deputy sheriff to seize and sell the judgment debtor's property to pay the judgment.
"Warrant" refers to a specific type of authorization: a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed.
How does a writ of execution work in Massachusetts? When you win your case, the court will issue you a writ of execution. Once you have that writ of execution, you can enlist the help of the sheriff to collect certain property from your debtor and sell that property at auction.
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.
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. (Federal Rules of Civil Procedure 69).