2601Re: [tips_and_tricks] Court Clerk Signature
- Sep 3, 2003What 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
Richard Johnson richard@...
Cuis custodiet ipsos custodes? Cui bono?
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