writ of execution

A writ of execution is a formal legal document (i.e. an instrument) by which a successful litigant (a judgment creditor) enforces a judgment against the judgment debtor.  The different types of writs of execution include writs of sequestration, fieri facias, possession and delivery.

Writs to enforce judgments are addressed to bailiffs to enforce the judgment by seizing goods of the judgment debtor, and taking custody of them and selling them.  The net effect is that the judgment is carried into effect thus enabling the claimant to satisfy their entitlement up to the quantum of damages awarded by the court order.

A variety of writs of execution are available. Each writ focuses on execution of the judgment debt, whether it is a bank account or other debt (third party debt order); the physical property of the debtor (writ of fieri facias); real property of the debtor for the purposes of collecting rents or other fruits derived from the property (writ of sequestration); or entering upon land and taking vacant possession (writ of possession).

Usage: The writ of execution was enforced by the sale of goods seized from the judgment debtor.

Related Words: final judgment; sequestration (writ of); third party debt order; res judicata; fieri facias (writ of); cause of action; delivery (writ of); damages; pleading; elegit (writ of); possession (writ of).