The writ of execution is one of several tools that judgment creditors have at their disposal as they attempt to collect outstanding money judgments. It’s often seen as an extreme collection strategy, but it is an effective strategy, nonetheless. Therefore, creditors should familiarize themselves with this particular tool before beginning collection efforts.
A Separate Court Order
A writ of execution is a court order separate from the original civil litigation. It is an order that compels the local sheriff to seize and sell targeted property, with sale proceeds going to cover the outstanding debt. Writs of execution are often applied to real estate and other high-value assets.
Writs of execution are quite motivating. Take a case from the files of Salt Lake City-based Judgment Collectors, a collection agency specializing in money judgments in nearly a dozen states.
The agency worked on a case in which the debtor claimed to have no valuable assets. Thanks to a diligent property record search, their investigators found debtor-owned property that wasn’t previously disclosed. After informing the debtor of their findings, it became clear to him that he could lose the property if he continued refusing to pay. So instead, he refinanced the property and paid his debt.
3 Steps to Success
Writs of execution are perhaps the most powerful collection tool a creditor has access to. Debtors do not want to lose their personal property, especially if that property has significant financial value. All of that said, creditors must follow a 3-step process to successfully leverage a writ of execution. The three steps are as follows:
Step #1: Discovery
The process begins with discovery. It should be noted that a court will not do the leg work of finding debtor assets. That job is left to the creditor. During this first step, the creditor utilizes every available resource to find undisclosed debtor income and assets. Creditors can make use of:
- Interrogatories
- Depositions and subpoenas
- Public records searches
- Social media searches
- Private databases
It is wise to gather as much information on debtor assets and income before going to court for a writ of execution. Many states require creditors to name specific assets they want to go after. Those assets cannot be named if the creditor does not know they exist.
Step #2: Issuance
With discovery complete, the creditor is ready to move on to issuance. Issuance is simply the process of actually obtaining the writ of execution. The creditor or his attorney files a motion with the court clerk in the county where the judgment has been entered. There is often a fee involved.
The court reviews the filing and makes a determination. If the order is granted, the court will draft a letter to be delivered to the local sheriff. That letter compels the sheriff to seize and sell the named property.
Step #3: Implementation
The final step is implementation. It is necessary because writs of execution do not self-execute. Someone needs to intentionally execute them. That someone is the local sheriff. In some jurisdictions, wits of execution are delivered to the sheriff’s office by the court. In other jurisdictions, delivery is the creditor’s responsibility. In either case, the sheriff must receive explicit instructions in order to know exactly what to seize.
There is often a fee involved with implementation. It’s nominal, but it is designed to cover the sheriff’s costs of serving the writ.
Writs of Execution Get the Job Done
Writs of execution are perhaps the most powerful judgment collection tool because they get the job done. They guarantee at least some level of payment commensurate with the value of the asset seized.
