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What Are Exemptions? All states have designated certain types of property as exempt, or free from seizure, by judgment creditors. For example, clothing, basic household furnishings, your house, and your car are commonly exempt, as long as they're not worth too much.
A writ of attachment is a form of prejudgment process in which the court orders the seizure or attachment of property specifically described in the writ. Such property is seized and maintained in the custody of a designated official, usually the U.S. Marshal, under order and supervision of the court.
An execution against property is the process of court, issued by its clerk and directed to the sheriff of the county.Execution against the person of the judgment debtor. Executions for the delivery of possession of real property, including real property sold under orders of sale.
The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance. You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment.
When a court issues a writ of execution, a sheriff, deputy sheriff, or a court official is usually charged with taking possession of any property that is owed to the plaintiff. If the property is money, the debtor's bank account may be frozen or the funds may be moved into a holding account.
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.
When a court issues a writ of execution, a sheriff, deputy sheriff, or a court official is usually charged with taking possession of any property that is owed to the plaintiff. If the property is money, the debtor's bank account may be frozen or the funds may be moved into a holding account.
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.