writ of execution


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writ of execution

n. a court order to a sheriff to enforce a judgment by levying on real or personal property of a judgment debtor to obtain funds to satisfy (pay the winning plaintiff) the judgment amount. (See: execution)

writ of execution

one of the series of writs (e.g. FIERI FACIAS) by which judgments or orders of the court are enforced.

WRIT OF EXECUTION, practice. A writ to put in force the sentence that the law has given: it is addressed to the Sheriff (and in the courts of the United States, to the marshal) commanding him, according to the nature of the case, either to give the plaintiff possession of lands; or to enforce the delivery of a chattel which was the subject of the action; or to levy for the plaintiff, the debt, or damager, and costs recovered; or to levy for the defendant his costs; and that, either upon the body of the opposite party, his lands, or goods, or in some cases, upon his body, land, and goods; the extent and manner of the execution directed, always depending upon the nature of the judgment. 3 Bl. Com. 413.
     2. Writs of execution are supposed to be actually awarded by the judges in court; but no such award is in general, actually made. The attorney, after signing final judgment, sues out of the proper office a writ of execution, in the form to which he conceives he would be entitled upon such judgment as he. has entered, if such entry has been actually made; and, if not made, then upon such as he thinks he is entitled to enter; and he does this, of course, upon peril that, if he takes a wrong execution, the proceeding is legal and void, and the opposite party entitled to redress. Steph. Pl, 137, 8. See Ca. Sa.; Execution; Fi. Fa.; Haberefa. possessionem; Vend. Exp.

References in periodicals archive ?
That statute, moreover, provides that "such judgment-creditor" who proceeds by writ of execution "acquires a lien as of the time of the levy [but] only on the property levied upon.
84 as substitute collateral to fully satisfy an outstanding judgment and filed a Motion with the Court to quash the writ of execution.
A valid judgment lien against personal property gives the judgment creditor the right to take possession of any personal property subject to levy by writ of execution, garnishment, or other judicial process.