writ of execution

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Related to writs of execution: Abstract of judgment, writs of election

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

writ of execution

one of the series of writs (e.g. FIERI FACIAS) by which judgments or orders of the court are enforced.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Whether or not the district court's turnover order is a final decision as to assets already identified and subject to writs of execution, that order plainly does not encompass the unidentified extraterritorial assets that are the subject of the challenged orders.
"It was in compliance with such writs of execution that the BOC, Ceza and [Land Transportation Office], allowed the importation by Fenix, which is valid and legal.
Furthermore, the new law establishes priority among creditors statewide based upon the date of lien filing, similar to the priority system established by the Uniform Commercial Code, rather than requiring a race from county to county in search of leviable personal property, withdrawing and refiling writs of execution, and risking loss of priority in the process.