miscalenous statutes and enforcement of judgment Flashcards
GDC suit papers must be served
at least 5 days before trial
UD action
10 days before return date
writ of fieri facias
gives creditor the right to execute on personal property
how to get writ of fieri facias
1) get judgment; 2) describe prop to attach; 3) give to sherriff
after sherriff gets writ
4) sherriff goes to property and attempt to levy; levy creates a lien and sherriff would sell at public auction
creditor must post a bond before all this
reaching intangible property
sherriff gets writ, serve that upon third party who holds or owes debtor funds; this is called garnishment
lien enforced by garnishment is valid for
1 year
garnishment does not create a lien, the
writ of ececution does this and the garnishment is used to enforce the lien
judgments against real estate
judgment becomes a lien from time of docketing in circuit court where land is located. Can ask court to sell land upon showing rents and profits will not suffice within 5 years
cant reach
tenancy by the entirety of the couple