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2601Re: [tips_and_tricks] Court Clerk Signature

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  • Patrick Packer
    Sep 3, 2003
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      What about personal property?

      Richard Johnson <richard@...> wrote:
      Here's the definition from law.com:  ( http://dictionary.law.com/ )

      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 the
      judgment amount (pay the winning plaintiff).
      See also: execution

      n. 1) the act of getting an officer of the court to take possession of the
      property of a losing party in a lawsuit (judgment debtor) on behalf of the
      winner (judgment creditor), sell it and use the proceeds to pay the
      judgment. The procedure is to take the judgment to the clerk of the court
      and have a writ of execution issued which is taken to the sheriff (or
      marshal, constable or other authorized official) with instructions on what
      property to execute upon. In the case of real property the official must
      first levy (place a lien on the title), and then execute upon it (seize
      it). However, the judgment debtor (loser in the lawsuit) may pay the
      judgment and costs before sale to redeem real estate. 2) carrying out a
      death sentence.

      Richard Johnson                                          richard@...
      Cuis custodiet ipsos custodes?     Cui bono?

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