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Writ of Execution

Price:
$500.00


Product Description

Execution of a judgment is a process where the Sheriff or Constable seizes property of a judgment debtor and then sells that property at a public sale.  The money realized from the sale is then used to reduce the balance of the civil judgment.  Before the Sheriff can act, a writ of execution must be issued by a court.  You can only get a writ of execution if you have a valid civil judgment.

There are two types of writs of execution; a general writ and a special writ.  A writ of general execution directs the Sheriff to seize any non-exempt personal property of the debtor for sale.  If execution on personal property does not satisfy the judgment, the Sheriff can levy and execute on the debtor's real property.  The writ of special execution names specific items of personal property owned by the debtor for seizure and sale by the Sheriff.

A writ of general execution is not as useful as it may appear. First, there are a number of exemptions in the law which protect certain things from execution. For example, personal items like a diamond wedding ring can be exempt.  Whether or not a particular item is exempt can be contested. Luxury personal property items are typically not exempt. For example, art work or other jewelry would probably not be protected from execution. Since this is a grey area, the Sheriff’s Deputy who serves the writ and seizes the property, may err on the side of the debtor to protect the Sheriff’s Department from a lawsuit.

There is a second consideration that often makes it impractical to attempt an execution. Secured parties may have a claim to the debtor’s property that is superior to yours. For example, you may know that your debtor has a 65 inch flat screen television in his living room that could be sold at auction. Execution is not feasible if the TV is rented and doesn't belong to the debtor, or the TV has a recorded chattel security interest securing payment of an installment purchase contract.

It is possible to have the court issue a writ of general execution for the Sheriff without first conducting a debtor's examination.  But, in most cases it may be prudent to conduct a debtor's examination prior to sending the Sheriff out with a writ of general execution.

How to Retain us To Handle Your Writ of Execution

Read the terms of our engagement below and click on the "Add to Cart" button.  After check-out, we will send you an email with instructions on the information we need and how the matter will proceed.  The engagement describes exactly what we will do for you.

Copy of Your Judgment

We must have a copy of your judgment before we can proceed.   If you have a PDF copy of the judgment you can upload it to us, fax it or send it by U.S. Mail.  If you do not have a copy of your judgment, we can obtain a copy for your for $75.

 

Terms of Engagement

We will prepare pleadings to obtain a writ of execution for you and have it issued by the court.  We will then deliver it to the Sheriff for levy and sale.  The legal fees for this service are $500.  The Sheriff charges fees to serve writs and conduct sales.  For this reason, we also require a $500 cost retainer prior to beginning work on the writ.  The cost retainer is placed in our trust account and as the Sheriff incurs costs, we pay them from the cost retainer.

If the levy and sale involve real property, KeytLaw will charge an additional fee of 2% of the net proceeds of the sale due to the judgment creditor.  If the debtor improperly claims personal property is exempt from execution and a turn over proceeding is necessary, a separate engagement and fee are necessary.  Turn over proceedings are not included in the writ of execution fixed fee.

If the terms of engagement are acceptable, please click on the "Add to Cart" button above.


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