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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.
The Writ of Execution is served to a county constable or sheriff, who must ?without delay? levy the real and personal property of the judgment debtor unless directed to do otherwise. If more than one Writ of Execution is served, then the assets are distributed in the order the writs are received.
"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.
The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.
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).
A Writ of Execution is a judicial order to aid a Judgment Creditor with collecting a Judgment (monies owed) from a Judgment Debtor. The most common procedure for this action is a Wage Levy or a Bank Levy. These are issued by the district court to direct the Sheriff's Office to satisfy (or "collect on") a judgment.
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.