writ of execution

A writ of execution is a court order that directs law enforcement personnel to seize non-exempt property owned by the defendant and sell it at public auction to satisfy a judgment won by the plaintiff. The defendant is also called a judgment debtor.

There are two types of writs of execution:

• A general writ instructs law enforcement personnel to seize any non-exempt personal property that the law personnel, at their discretion, may find at the address provided by the defendant.
• A special writ instructs the law enforcement personnel to seize specifically identified property owned by the defendant.

Under Rule 69 of Federal Rules of Civil Procedure, the writ of execution is the default method of enforcement for a money judgment unless the court directs otherwise. The territorial limitation is usually the boundaries of the state or the district of the court unless it is extended by a federal statute.

A writ of execution is only enforceable on non-exempt personal property. The law provides protection for certain property, which varies from state to state. For example, in Utah, under Utah Exemptions Act, property exempt from execution includes the burial plot for an individual and their family, reasonable health aids to sustain health, and veterans benefits.

A writ of execution is only enforceable on property currently possessed by the defendant. For property currently held by a third party such as salaries or savings in a bank account, the defendant needs to petition for a writ of garnishment to collect the judgment.

[Last updated in July of 2024 by the Wex Definitions Team]

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