Execution

Question 1

Execution

Answer 1

Process by which a sheriff is directed to seize debtor’s non-exempt property so that it can be sold to pay the judgment

Question 2

Procedure

Answer 2

(1) Praecipe for Execution
(2) Writ of Execution
(3) Return of Execution

Question 3

Procedure: Praecipe for Execution

Answer 3

Filed with the clerk of the court in the county in which the judgment was obtained, along with proposed writ of execution

Requests clerk to sign the writ and deliver to sheriff

Question 4

Procedure: Writ of Execution

Answer 4

Identifies judgment and specific pieces of personal property sheriff is to seize

Question 5

Procedure: Return of Execution

Answer 5

Must be returned by sheriff WITHIN 90 DAYS

Question 6

Execution Lien

Answer 6

When writ of execution delivered to sheriff, lien automatically attaches to all debtor’s personal property in sheriff’s county

General lien on all property

Lien remains in place for 30 days after return of writ of execution

When levy of the execution is made and sheriff seizes particular property, creditor obtains a lien as to the specific property

Question 7

Personal Property Subject to Execution

Answer 7

Both tangible and intangible personal property is subject to execution

(1) Money
(2) Mortgaged goods
(3) Assignable debt
(4) Stock (only IN corporations)

Question 8

Real Property Subject to Execution

Answer 8

(1) Land and buildings owned by debtor
(2) Land and estates held in trust that benefits debtor
(3) Leases of real property owned by debtor

Question 9

Levy of Execution: Procedure

Answer 9

(1) Sheriff SERVES WRIT of execution
(2) Debtor SELECTS PERSONAL PROPERTY sheriff may levy (sheriff will select if debtor refuses)
(3) Sheriff TAKES POSSESSION of the personal property
(4) Sheriff must TURN OVER MONEY to creditor asap

Question 10

Levy of Execution: Sheriff’s Liability to Creditor

Answer 10

If sheriff fails to deliver levied money to creditor, sheriff liable for amount of money not turned over