writ of execution

A writ of execution is a court order that directs law enforcement personnel to seize non-exempt property owned by the defendant and sell it at public auction to satisfy a judgment won by the plaintiff . The defendant is also called a judgment debtor .

There are two types of writs of execution:

A general writ instructs law enforcement personnel to seize any non-exempt personal property that the law personnel, at their discretion, may find at the address provided by the defendant.
A special writ instructs the law enforcement personnel to seize specifically identified property owned by the defendant.

Under Rule 69 of Federal Rules of Civil Procedure , the writ of execution is the default method of enforcement for a money judgment unless the court directs otherwise. The territorial limitation is usually the boundaries of the state or the district of the court unless it is extended by a federal statute.

A writ of execution is only enforceable on non-exempt personal property. The law provides protection for certain property, which varies from state to state. For example, in Utah, under Utah Exemptions Act , property exempt from execution includes the burial plot for an individual and their family, reasonable health aids to sustain health, and veterans benefits.

A writ of execution is only enforceable on property currently possessed by the defendant. For property currently held by a third party such as salaries or savings in a bank account, the defendant needs to petition for a writ of garnishment to collect the judgment.