writ of execution
Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia, Wikipedia.
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 executionone 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.