What is a Writ of Execution?

A Writ of Execution is an order granted by the court that allows a Judgment creditor to take possession of defendant’s non-exempt property. Typically the sheriff or other official have the ability to take possessions of non-exempt assets on behalf of the judgment creditor.

 What is Exempt?

Almost everything a debtor owns is exempt property. The most common non-exempt assets that can be seized by the judgment creditor are: Investment/rental properties, vacation properties, second cars or boats and or personal property that exceeds a certain value.

Notice of Writ of Execution

Usually after a judgment is granted against a debtor, the debtor will be informed of said judgment in writing. Before the sheriff pays the debtor a visit, the debtor will receive a notice from the Sheriff’s office notifying of the writ of execution. The notice will ask the debtor to pay the judgment amount owed or they will execute the writ of execution. If the debtor has non-exempt property this will become a very serious issue.

Stopping the Writ of Execution

Writs of Execution are typically stopped by engaging in settlement or payment discussions with the Judgment creditor. Bankruptcy is another option to stop a writ of execution.

If you have recently been informed that a writ of execution will be going into effect, contact our office to discuss your options.