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Execution

An Execution is an order of the court directing the Sheriff or other designated officer of the court to seize the Defendant's property to satisfy a Judgment. If property is located, then a levy follows. A levy is the process by which the court officer acquires possession and control over the Defendant's property. Execution and levy are commonly treated as one action.

Common forms of Execution are:

  • Garnishment or attachment of money in the form of bank accounts, or other allowable assets.
  • Attachment of physical assets such as allowed vehicles, inventory, or equipment.
  • Foreclosure and/or Placing Liens on real estate.

Many Executions are returned unsatisfied to the court by the court officer because:

  • The Sheriff could not serve the party
  • Lines of a secured creditor is covering all assets.
  • Defendant out of business.
  • Property found is of no economic value due to age, condition, etc...
  • No bank accounts found.
  • Any combination of the above.


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