Enforcement of Judgements

Question 1

Real property

Answer 1

1) P dockets judgment

for real property the circuit court where P was successful will do this automatically

2) file a creditors bill in equity

Must be filed in jurisdiction containing the property that P wants to seize

Court will appoint a “commissioner” to sell property and use proceeds to pay P’s judgment

Question 2

Personal Property

Answer 2

1) P must docket the judgment- no automatic docketing where judgment was obtained for personal property

2) File a creditor writ of Fieri Facias

Must be filed in jurisdiction containing the property P wants to seize

Court will order sheriff to seize property, sell it and use proceeds to pay p’s judgment

Question 3

Money owed to D

Answer 3

1) P Docket the judgment where D has a right to money (location of bank or employment)

2) file a writ of fieri facias- must be filed in jurisdiction containing the money owed to D

3) Ask court to issue a garnishment summons- which requires bank or employer to pay court then court pays P