Writ Of Execution
A formal, written command by the court to a sheriff or other official to enforce or execute a judgment in a specific way, such as sweeping a bank account or taking a portion of someone's PFD.
Question: What happens after a writ of execution has been issued in the state of Arkansas? I was served a writ of execution for delinquent state taxes. I am currently unemployed and can't pay the amount due. My ex is allowing me & my children to stay with him. Otherwise I would be homeless. How can I make sure that his & my children's personal property can't be taken to satisfy my debts?
Answer: They can't take fundamental basic necessities from you.
Question: Can the sheriff seize my car with a writ of execution even though its not paid for? I just recieved a writ of execution and the sheriff seized my car, which I do not own, its financed still. I tried to work something out with the collection agency and they just kept telling me to call back in a week. Can they legally take my car even though it is not paid for?
Answer: Hope for a high price paid at the sheriff's sale of the vehicle. If the amount is insufficient to pay the first lienholder and the judgment creditor, you will still owe the balance of the car loan and/or the judgment.
Check the record of the court. This process probably greatly increased the court costs, which come off the top at the sheriff's sale of the vehicle.
I'm just guessing here, but I think you were in a lawsuit without a lawyer, right? Your lawyer might have been able to negotiate a payment in settlement of the case.
For those persons who say "I can't afford an attorney", this may be an example of the costs of going through the lawsuit without one.
Question: Do I need a lawyer to file a Writ of Execution? Someone owes me $ per a judgement and won't pay. Is it likely that I can obtain the writ and deliver to Sheriff on my own? Is that even the process?
Answer: No and no and No.
If you have a judgement when did you send your demand letter?
In the U.S. (since you didn't mention where the judgement was granted) you are required to issue a letter of demand to allow the losing party a chance to make restitution as per the court order.
IF, after an amount of time (usually 30 days) no restitution has been offered or no plan for payment entered, THEN you can file a motion for judgement lien (if small claims).
Since you didn't say how much you are owed, that's about all anyone can tell you.
Question: Writ of execution for delinquent spousal support? I live in California. My ex is behind over $20K in spousal support. He has the money in the bank, as shown by the statements we subpoenaed, but refuses to pay. My attorney has filed for a write of execution. The court has returned it to her. She delivered it to the sheriff's department. Now what happens?
Please tell me information about how long it will take for me to receive the money. My son and I are destitute!
Answer: The sheriff will serve it on the bank(s) and the bank will have to turn over every damn dime in his bank account(s).
I LOVE it when I get a writ and execute on a bank account after a debter has been a turd.
BEST time to hit it is the day after the paycheck in deposited.
Does he own his own business where he has a till? Then you can also use that writ to do a "till tap" and take every stinkin dollar out of it and there isn't a thing he can do about it.
Stuff like this usually get's their attention REAL fast.
EDIT- As to when, it can take up to forty five days if the writ is executed right away. THAT is the sucky part.
However, the squeeky wheel gets the grease. Call the sherriff's department in the county he lives in, and ask about it. Find out who is in charge of that stuff and call every day. It does kind of depend on how busy they are (which is why I personally would have gone with a process server company/business. ) but the more you POLITELY persist, the more likely it will get done faster.
And tell them, "Gee, I really need this child support. My son needs a new coat and I just can get him one right now......." works REALLY good if you happen to get in contact with a woman who's ALSO a single mom. With a guy, more like, "I just want him to take care of his son. I've had to have help from my dad and my brothers and they've been great, but they have their stuff to do too, and well, I just don't want to bother them too much. Getting the back child support so I can pay for school lunches and (insert favorite town sport here) ______lessons will really make Billy happy." Blah blah blah. Avoid saying it's owed to YOU when talking to other men. Men hate it when other dads won't live up to their responsibility.
Question: Does a writ of execution have a statue of limitations? I filed a small claim against a Storage company who stole all my belongings a few years ago...I won the case but I haven't received any money as of yet it's been a few years. I received a letter from the court telling They had not recovered any money for me as of yet and that my write had expired. Can I file another writ of execution to get my money?? or is it too late? I filed the law suit in 2006
Answer: i would say you have to refile the writ. what abunch of bs. i have heard that you periodically have to refile mechanic liens so would say this is the same thing. i would look into filing in the home state that to company is based so that state could actually forclose on property. if you file a lawsuit in a state that this company only hits and runs theey have no seizure authority across a state line.
Question: what happens after a writ of execution has been served on you in north Carolina? my buddy got one served on him the other day and he told they deputy that he didnt have anything. i told him that i thought they could sieze his things. he said the deputy just left. will they come back and get his things or what?
Answer: execution means they want him to do something.
if he lost a suit then they could wanting him to move and leave his things.
Question: what is the time frame for appealing a Writ of Execution? I have a Writ of Execution and want to know what the time frame is for the defendant to appeal the Writ in an effort to quash it.
The Writ was issued in California
Answer: That would depend on where you are, get back with the state or country and you could get an answer.~
Question: I just received a Writ of Execution today? What can they do? In reading some other responses, it says the next step after the Writ of Execution is wage garnishment. I live in North Carolina, which is a non garnishing state for credit card debt. What should I do??
Answer: The fact that you're received this means that they have already sued you and you haven't appeared in court to fight the accusations against you for breach of contract, and a judgment was entered in their favor anyway. That means you had multiple opportunities for the past couple of years to get this taken care of. Your best bet now is to contact the attorney on the writ and offer a settlement or payment plan. If they can't garnish your wages (they might not have to follow North Carolina law, so don't assume anything), they can seize your property or something else.
Question: Who are authorized to sign writ of execution issued in ejectment cases?
Answer: A judge.
Question: Can you explain writ of execution? My children's father owes me in arrearage for child support but is still meeting his monthly payments.Do I need a lawyer to File Writ Of Execution or can I go to court on my own? Please explain this to me more.
Answer: You need a lawyer to represent you or assist you in moving for a writ of execution. You file a motion asking the court to issue a writ of execution. Writ of Execution is a writ to put in force the judgment or decree of a court.
You are filing with the court a case for support. The court will determine your or your child's right for support. If the court finds that there is a need to support your child then he will decide in favor of such. It's for the court to determine whether your child is entitled of support.
The court will determine if your child is entitled. Then if the child is entitled for support the court will determine now how much will be the support. After determining everything, the cour finds out that your child is entitled, then the court hereby decree that your child is entitled for support. However, this decree or final judgment is not enough in order to receive support.
If the father gave the support after the final decree has been given, then there is no need ask for such writ of execution.
In case, he fails or you are doubtful that he will observe the decree, then that is the time you can move for the issuance of the "writ of execution" for such support.
I would suggest that you move for the issuance of the writ of execution. If you have the writ you can demand the support decreed by the court. In case he fails to give support, he will be in contempt against the court. In other word, the writ is the court's order.
Question: What is a writ of execution? I received a writ of execution in the mail. What is this?
Answer: In a civil case, a writ of execution is the court's certification of how much you owe on a judgment. It gives the Sheriff authority to enforce the judgment by doing things such as a wage garnishment or a bank account levy. It usually specifies how the debtor is, when the judgment is entered and how much is owed.
Question: Received a writ of execution? I received a writ of execution in the mail today from a judgement from March, it says that payment of 3100.00 is due immediately. I don't have the full amount right now. I can probably have the full amount in a month, will they let me make some payment arrangements?
Answer: I actually work for a law firm and we issue writ of executions all of the time. We are more than willing to work with people and help them do payment arrangements. You better call them quickly though because they will probably be sending for wage garnishment soon!!!
Question: I received a Writ of Execution for debt incurred by my ex-husband? Can they sell my house out from under me? I obtained the marital property in our marital settlement agreement and make the monthly mortgage payments. He owed a credit card company for personal debt in his name only and they want to seize my property. Can they do this?
Answer: It really depends on what your state laws are. I work for a bankruptcy in NC and they can not do that here. I would try calling a bankruptcy attorney in your state. A lot of them should answer that question for you.
Question: I recieved distraint warrant and writ of execution in the mail today ? i forgot to pay my income tax last year and im unsure what to do i can pay all of it by fri but does that mean a sheriff is gonna come to my house about this??
A US Marshal.
Question: What does "Request for Writ of Execution" mean? ? This crook I know has this "Request for Writ of Execution" showing up on a law suit. He is being sued by a bank and I don't know what it means.
Answer: A writ of execution is a common court order granted by a court in an attempt to satisfy a judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to levy property owned by a judgment debtor. Such property will often then be sold in a sheriff's sale, and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment. It is generally considered preferable for the sheriff simply to confiscate money from the defendant's bank account. If the judgment debtor owns real property, the judgment creditor can record the execution to "freeze" the title until the execution is satisfied.
In the United States, not all assets are subject to execution. For example, social security income that resides in a bank account is exempt from a levy on a debtor's bank account. Many states also protect an Individual Retirement Account from execution,as well as unemployment income but the amount that is exempt may be limited. Also, the debtor, may have to ask the civil court for his/her writ of execution, in order for the court to protect their bank accounts from levy. A person should not, however, assume that because they are collecting SSI/SSD, that the creditor simply won't levy -- they may. The debtor must also prove that the funds in the account are exempt.
Question: My attorney sent an application for issuance of Writ of Execution to the Clerk Sup Court. What does this mean?
Answer: He's getting the documentation needed to enforce the judgment you received against the defendant. Once the writ is issued, you can start collecting.
Question: Writ of Execution in Pennsylvania and levy of personal property? If I had some credit cards and couldn't pay them after loosing part time job. yadda....
was sued and judgement for creditors and one put levy on house goods and bank acct's.
Can they take anything even if spouse was not on credit card or law suit.
like if wife bought sofa and tables with credit card in her name only.
or a car we finally paid off but title is in both our names?
Answer: You really need to touch base with a local attorney on this one. I'm not familiar with PA law. I took a look at the statutes and it's got me confused. It does not really define what "personal property" is, nor does it even tell me if you can legally seize such property resulting from such suits, unless it was a "secured" debt.
In Michigan and many other states, they can't take your furniture unless it was the furniture store who was the creditor, and they sued you.
Credit Card companies would have to go after bank accounts, wages, or "real property" which is defined as real estate, auto's/cars/boats, or similar property that is licensed or deeded. That way (I assume) they can prove you are the sole owner. They can not seize a car if it's jointly owned, or bank account if they are joint.
But PA may be differant, so chat with an attorney.
Question: Writ of Execution in Texas? How can I determine the BUSINESS property that by law is subject to levy under a writ of execution?
I understand the personal property aspect: if they have 4 cars and only 2 people then 2 can be removed). But how does and who determines which business property can be collected to satisfy the judgement?
Answer: The Insomnia guy needs to take a nap.
The court doesn't make the determination or investigate what assets the defendant has. It's done by a constable or the sheriff's office.
Question: i tried to make a settlement with the credit card but they denied it an now they have a writ of execution help can they take a car if its not paid for
Answer: Credit cards are not secured with any type of collateral. They can sue you and garnish your wages but they can't take your car. Or anything else for that matter. Generally they will settle. That is odd.
Question: where can i found topic about implementation of writ of execution in cases with finality and without appeal in how to implement a winning case with entry of judgement and writ of execution but on appeal
Answer: Rule 39.
But your question seems to be defective.
An entry of judgment suggests that the case is already final and executory. And a writ of execution issues only when the case is already final and executory, meaning there is no more to be done about it except to enforce the decision. If there is already an entry of judgment and a writ of execution, chances are the appeal has been rejected.
In ejectment cases, however, a writ of execution may issue even pending appeal if the appellant is unable to deposit the monthly rentals as fixed in the appealed judgment.
As to the enforcement of the writ of execution, no other person is allowed to carry it out except the court sheriff. Coordinate with him. How he will implement it depends on the nature of the judgment, i.e. via garnishment, levy on personal and real properties, physical eviction and restoration of possession, execution and delivery of documents, etc.
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