sequestration (writ of)

Where a judgment debtor fails to pay a judgment debt within the time specified in the order, the judgment creditor may be entitled to a writ of sequestration to enforce an order of a court to obtain payment of money. The notice of enforcement must state that failure to comply with an order may be punishable by sequestration of assets.

Th original order requiring payment of the judgment debt must warn the debtor that failure to pay the sum set out in the order may be enforced by writs of sequestration. The original order must be served personally and contain the penal notice.

During the course of a sequestration, property is seized by persons executing the writ, and the property is managed for the purpose of collecting rents or profits.

Usage: The judgment debtor enforced the order for payment of money by obtaining and executing a writ of sequestration.

Related Words: writ of execution; final judgment; res judicata; fieri facias (writ of); cause of action; delivery (writ of); damages; pleadings; elegit (writ of); possession (writ of).