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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).
Once you receive judgment and possession of the residence if the defendant still refuses to vacate the residence you may file a Writ of Execution. This is an order for the Sheriff to assist you in removing the defendant and change the locks on the residence. Only the Sheriff can conduct this service.
A Writ of Possession is an order from the Court which has previously made a ruling in favor of a landlord in an eviction case. The Writ directs the constable to seize or take control of the premises subject to the order and turn it over into the landlord's possession.
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.
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.
Definition: Return of writ refers to the act of a sheriff bringing back a writ to the court that issued it, along with a brief written account of how the writ was executed. This is often abbreviated as "return". Examples: A sheriff returns a citation to the court, along with a written report of how it was served.
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.
Sec. 63.002. WHO MAY ISSUE. The clerk of a district or county court or a justice of the peace may issue a writ of garnishment returnable to his court.