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Terms: Execution of Judgment: Execution refers to an official document that directs a sheriff to take possession of a judgment debtor's property so that it either (a) may be turned over to the judgment creditor or (b) may be sold at public sale so that the proceeds may be turned over to the judgment creditor.
"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 purpose of a Memorandum of Costs After Judgment is to recover the costs associated with the lawsuit from the losing party. This can include the costs of filing fees, service of process fees, and expert witness fees, among others.
Tells the sheriff to take action to enforce a judgment. Used with instructions to the sheriff to levy bank accounts, garnish wages, or take possession of personal property.
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).
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.
Tells the judgment debtor or other interested person that personal property is being taken by the sheriff to satisfy a judgment.
Federal Rule of Civil Procedure 69(a) provides that the procedure to execute on a money judgment ?must with the procedure of the state where the court is located.? Thus, after winning a civil judgment, a judgment creditor will use state law procedures in supplemental federal proceedings to collect the award.
Writ of Execution Examples Examples of cases in which a writ of execution may be filed: If a home buyer fails to make mortgage payments, the creditor (a bank, private party, or mortgage company) may petition the court for a judgment against the home buyer after making effort to collect those payments.