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 ?
On November 20, 2017, Carreon penned his order to implement the writ of execution pursuant to the 1998 national decision and addressed to Paypa.
The mayor is required to carry out the writ of execution.
1983) (holding that a writ of execution was merely a proceeding "in relation to the judgment").
Wherefore, premises considered, it is most respectfully prayed that this motion be granted and that a writ of execution be issued for the implementation of the Decision dated 05 June 2013," stated Assistant Special Prosecutor II Charmaine Calalang in the motion that was sent last Tuesday.
The court said : "Considering the allegations contained in the petition, this Court finds that there is an extreme urgency to enjoin the trial court from implementing the orders dated February 17, 2012, and April 2, 2012 and the writ of execution issued by the court.
A creditor still has a right to levy on property pursuant to a writ of execution, even if a judgment lien certificate has not been filed.
If you are attempting to attach a bank account, it is advisable to request service of the writ of execution on the first working day following either the fifteenth day of the month or the first day of the month.
a writ of execution against Bush"[46] but it doesn't indicate whether this was ever delivered to the Dade County sheriff or to the U.
The funds were also subject to a writ of execution of the Sandigabayan's first division that originally had jurisdiction over the coco levy controversy.
In a September 17 order which was implemented just the other day, Cabanatuan Regional Trial Court (RTC) Branch 30 Clerk-of-Court Leah Abello de Guzman directed Deputy Sheriff Victoria Roque to serve the writ of execution issued by Judge Virgilio Caballero installing Vargas' rival Reynaldo Ordanes as new mayor, ending the Vargas' 22-year control of this town.
On the order and writ of execution issued by Commission on Elections (Comelec), the BOC, led by lawyer Abigael Ilagan, convened on Tuesday and proclaimed Garbo as mayor to replace Marino Morales.
In a two-page Writ of Execution dated August 18, 2014, against all assets held by Arelma, Inc.