We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Writ of Execution: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
A writ of execution is a legal order issued by a court that allows for the seizure of a debtor's assets to satisfy a judgment. This order is commonly used in cases where a noncustodial parent owes past due child support. The writ specifies the judgment creditor, who is the person or entity owed money, and the total amount of the debt. Once the writ is executed, the debtor receives notice detailing the assets that have been seized.
Table of content
Legal Use & context
This term is primarily used in civil law, particularly in family law cases involving child support. A writ of execution is a tool that helps creditors enforce court judgments. Users can often manage the process of obtaining a writ through legal forms and templates, such as those provided by US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A noncustodial parent has been ordered by the court to pay $5,000 in back child support. If they fail to pay, the custodial parent can obtain a writ of execution to seize the parent's bank account to recover the owed amount.
Example 2: A business owes a creditor $10,000. The creditor may request a writ of execution to seize the business's equipment to satisfy the debt. (hypothetical example)
State-by-state differences
State
Differences
California
Allows for wage garnishment as part of the writ of execution process.
Texas
Certain exemptions apply, protecting specific assets from seizure.
New York
Requires a hearing before assets can be seized under a writ of execution.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Levy
Seizure of property to satisfy a debt.
A writ of execution is a specific type of levy authorized by a court.
Judgment Lien
A legal claim against property to secure payment of a debt.
A judgment lien does not involve immediate asset seizure, unlike a writ of execution.
Common misunderstandings
What to do if this term applies to you
If you are a creditor seeking to enforce a judgment, you may want to consider obtaining a writ of execution. It's advisable to consult with a legal professional to ensure you follow the correct procedures. Alternatively, you can explore US Legal Forms for templates that can help you manage this process efficiently.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.