writ of execution


Also found in: Dictionary, Thesaurus, 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 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 ?
The ARB lumads then filed a writ of execution at the provincial Darab on January 12, 2017, and the Board on October 19, 2017, found it meritorious.
The mayor is required to carry out the writ of execution.
In order to exercise that option, the following procedures are required: 1) a judgment is entered requiring the judgment-debtor to pay a sum of money to the judgment-creditor; 2) the judgment is recorded; (28) 3) a writ of execution is delivered to the sheriff or marshal (29) by the judgment-creditor; (30) 4) the sheriff or marshal levies upon assets of the debtor; 5) the sheriff or marshal then sells as much personal property and, if need be, the judgment-debtor's real property, as has been levied upon, in order to satisfy the judgment.
In the period established by the bailiff, the requirements of the writ of execution were not fulfilled, and therefore Stroyles LLC was set a new term for land reclamation activities - until June 30, 2019.
In the event the judgment creditor does not obtain the writ of execution within 60 days from the date of the judgment as a result of non-payment of the difference in fees, the judgment debtor will then be obliged to remit the difference in the court fees through an order from the chief of the court which shall be executed in the same manner as a 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.
Bankruptcy of the debtor generally, and particularly subsequent to the entry of the judgment and the issuance of a Writ of Execution (required to proceed with execution of a judgment), tends to confuse matters even more.
The senatorial bet also said serving the public in the name of "truth and love for the country" does not mean stealing from the public On Wednesday, the Ombudsman's Office of the SpecialProsecutorfiled a Motion for Execution of Judgment before the Sandiganbayan's Special First Division to ask the anti-graft court to issue a Writ of Execution against Revilla.
The prosecution is urging the Sandiganbayan to grant its motion and issue a Writ of Execution regarding the civil liability of Revilla.
'There's a writ of execution, it has to be enforced,' said presidential spokesperson Harry Roque.
Having received the writ of execution, the bailiffs sought out the debtor and notified him of the intention to seize the apartment with the aim of its further implementation.