Virginia Writ of Execution

State:
Virginia
Control #:
VA-DCE-16
Format:
PDF
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Description

Writ of Execution

A Virginia Writ of Execution is a court order that allows a creditor to seize property owned by a debtor in order to satisfy a debt. This writ is issued by a court of competent jurisdiction in the Commonwealth of Virginia and is served on a sheriff or other authorized officer to be enforced. The writ authorizes the sheriff or authorized officer to take possession of the debtor’s personal property, real estate, or other assets and sell it at public auction to satisfy the debt. There are two types of Virginia Writ of Execution: a writ of fair facial (FIFA) and a writ of garnishment. A writ of fair facial orders the sheriff to seize and sell a debtor’s property to pay the debt. A writ of garnishment orders the sheriff to serve the debtor’s employer or creditor with a notice of garnishment and to withhold a portion of the debtor’s wages or other funds in order to satisfy the debt.

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FAQ

This means that the judgment debtor/defendant has the right to set aside certain real and personal property from collection by the judgment creditor/plaintiff.

Execution means (1) the act of carrying out, performing, or completing, as in the execution of an order or decree; (2) signing or completing all formalities necessary to make a contract or document effective, such as signing, stamping, or delivering; (3) to put to death ing to a court-rendered sentence; (4)

Writs were developed over time as a way for authorities?legal and otherwise?to direct others to perform specific actions. This means that a modern-day writ provides an order from a higher to a lower court, from a court to an individual or other entity, or from a government agency to another party.

The Writ of Fieri Facias is good for 90 days from the date of issuance. This means the Sheriff has (90) days in which to execute the process.

Writs of Execution of Judgment are post-judgment legal processes, issued by the Clerk's office at the request of a judgment creditor or other authorized person, commanding the Sheriff to help the judgment creditor enforce his judgment by doing the things described in the writ.

A writ is an order issued by a legal authority with administrative or judicial powers, typically a court.

A writ of error shall lie in a criminal case to the judgment of a circuit court or the judge thereof, from the Court of Appeals as provided in § 17.1-406. It shall lie in any such case for the accused and if the case is for the violation of any law relating to the state revenue, it shall lie also for the Commonwealth.

Description. 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).

More info

Once issued, the writ of execution directs the sheriff to seize the nonexempt property and sell it. Items 11 - 20 — NOTE: In the Writ of box (above Line 1) check the box entitled: EXECUTION (Money Judgment). NUMBERS. 1.Complete form CV-24, "Affidavit and Request for Issuance of Writ of Execution. Northern District of Texas. Plaintiff. Defendant. Writ of Execution v. The Writ of Execution is a proactive approach to postjudgment enforcement. You must complete the Request for. Writ of Execution and submit same with the appropriate fee. Notice, and Writ of Execution. 2. The judgment debtor's interest in real property may be levied upon and sold under a writ of execution to satisfy a money judgment.

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Virginia Writ of Execution