General execution refers to a standard court order that directs a sheriff to enforce a judgment against a debtor. This order instructs the sheriff to seize non-exempt property owned by the debtor to satisfy the outstanding judgment. Unlike special execution, which targets specific properties (such as those involved in mortgage foreclosures), general execution can apply to any applicable property owned by the debtor.
General execution is primarily used in civil law contexts, particularly in cases involving debt recovery. When a creditor obtains a judgment in court, they may seek a general execution to collect the amount owed. This process is essential in ensuring that creditors can recover debts through legal means. Users can often manage the necessary forms and procedures themselves with resources like US Legal Forms, which provides templates drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A creditor wins a lawsuit against a debtor for unpaid loans. The court issues a general execution allowing the sheriff to seize the debtor's vehicle to satisfy the judgment.
Example 2: A landlord obtains a judgment for unpaid rent. The court grants a general execution, enabling the sheriff to levy the debtor's bank account to recover the owed amount.
Examples of state differences (not exhaustive):
| State | General Execution Rules |
|---|---|
| California | Allows general execution on most personal property, with specific exemptions. |
| Texas | Has strict exemptions for certain property types, affecting what can be seized. |
| New York | Permits execution on wages and bank accounts, with limits on amounts that can be seized. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| General Execution | A broad court order allowing seizure of a debtor's non-exempt property. |
| Special Execution | A court order targeting specific property, often in cases like mortgage foreclosures. |
| Writ of Execution | A formal order issued by a court to enforce a judgment, which can be general or special. |
If you are a creditor seeking to enforce a judgment, you should:
If you are a debtor facing a general execution, it is advisable to seek legal counsel to explore your options and understand your rights.
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