Execution of judgment

Legal definition

The execution of judgment is the act of getting an officer of the court to take possession of the property of a losing party in a lawsuit, called the judgment debtor, on behalf of the winner, called the judgment creditor, sell it and use the proceeds to pay the judgment. The judgment creditor takes the judgment to the clerk of the court and requests to have a writ of execution issued which is taken to the sheriff, marshal, constable or other authorized official with instructions to seize property to execute upon. In the case of real property the official must first place a lien on the title, and then execute upon it (seize it). However, the judgment debtor may pay the judgment and costs before sale to redeem real estate.

For more information see Execution of Judgment Law & Legal Definition

[top]FAQ

What is execution of the judgment?

Execution is the process of selling the property to pay off the debt. The court will issue a writ of execution (instructions for the Sheriff to follow). The writ of execution must state the details of the judgment that created the lien, such as the parties, the debt, the date and where the judgment was entered. The writ will order the Sheriff to take your property that is not exempt to pay the judgment.

[top]Links

Post-Judgment Remedies-Execution - by Robert W. Kohn of Kohn Law Firm S.C.

Collection of a judgment - Collection of a Judgment Debtor and Creditor in Magistrate Court

How do I collect on a judgement - by the New York State Unified Court System

International Execution Against Judgment Debtors - by Oxford University Press




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How long do I have to pay an execution of judgement if they file a lien on my real property, say for instance my homestead. Can they require me to sell it to satify the debt

No--they normally collect when you finally sell...