What it means
Cornell's Legal Information Institute defines a writ of execution as a court order directing law enforcement personnel to seize non-exempt property owned by the defendant, also called the judgment debtor. The property is sold at public auction to satisfy a judgment won by the plaintiff.
Cornell describes two types. A general writ instructs officers to seize any non-exempt personal property they find at the address provided by the defendant, while a special writ instructs them to seize specifically identified property owned by the defendant.
In US federal courts, Rule 69 of the Federal Rules of Civil Procedure sets the default, saying a money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution must follow the procedure of the state where the court sits, but a federal statute governs where it applies.
Rule 69 also allows discovery in aid of the judgment or execution, so the judgment creditor may obtain discovery from any person, including the judgment debtor. This helps the creditor find property to target.
Cornell says the writ is enforceable only on non-exempt personal property. The law protects certain property, and the rules vary from state to state.
Its example is Utah, where exempt property includes a burial plot, reasonable health aids and veterans benefits. The writ also reaches only property the defendant currently possesses, and for property held by a third party, such as salaries or savings in a bank account, Cornell says the judgment creditor needs to petition for a writ of garnishment.
Cornell also notes the territorial limit is usually the boundary of the state or district of the court unless a federal statute extends it. A separate federal statute, section 2001 of Title 28 of the US Code, deals with sale of real property under a court order.
It says such property is generally sold at public sale at the courthouse of the county where most of the property lies. The court sets the terms.
In practice
Real-world examples.
Example
A fictional supplier wins a $12,000 judgment against a shop owner who does not pay. The supplier asks the court for a writ of execution. Officers can then seize non-exempt equipment from the shop.
Example
A fictional creditor learns that a debtor's money sits in a bank account. A writ of execution does not reach it, since the bank holds the funds. The creditor would need a writ of garnishment, as Cornell explains.
Example
A fictional debtor owns a vehicle that is exempt under local law. The officers cannot seize it under the writ. The creditor must look for other non-exempt property.
Formula
Calculation
Balance still owed = judgment amount - net sale proceeds applied.
Example with assumed figures: a $12,000 judgment. Seized goods sell at auction for $7,500, and $500 of costs come out of the sale, so $7,000 is applied. The balance still owed is $12,000 - $7,000 = $5,000.Case study
Seen in the real world.
This case study is fictional and illustrative. A small landscaping company wins a $12,000 judgment against a customer. The customer ignores it for months. The company's lawyer asks the court for a writ of execution. Under the usual rule, the money judgment is enforced this way unless the court directs otherwise.
The lawyer also uses discovery, as Rule 69 allows, to learn what the customer owns. Discovery shows a trailer and a boat that appear non-exempt, plus a bank account. The lawyer asks for a special writ naming the trailer and boat. The bank account cannot be reached by the writ, so a separate garnishment petition is prepared. The items sell at public auction for $7,500, and $500 of costs are deducted.
The company applies $7,000, leaving $5,000 owed. The garnishment petition may collect the rest. The lesson is that execution has limits. It reaches only non-exempt property the debtor holds, and local exemption rules decide what that is.
Watch out
Common mistakes.
- Assuming a writ of execution reaches bank accounts and wages, when Cornell says property held by a third party needs a writ of garnishment.
- Assuming all property can be seized, when exemptions protect certain items and vary by state.
- Assuming the judgment alone collects the money, when the creditor must still obtain and carry out the writ.
Questions
People also ask.
What is a writ of execution?
It is a court order directing officers to seize a debtor's non-exempt property and sell it at public auction to satisfy a judgment.
What is the difference between a general and a special writ?
A general writ covers any non-exempt personal property found at the address. A special writ names specific property.
Can it reach a bank account?
Not directly. Cornell says funds held by a third party require a writ of garnishment.
From the founder's library
Take it further with the book.
Build your financial confidence beyond this definition. Shihan's full-length guide, Accounting Fundamentals, takes the same plain-English approach and turns it into a complete, practical playbook for non-finance managers, business owners and students - with chapter-end quiz answers and presentation slides included.
25% off with code MMHQ25, applied at checkout. Priced in USD - checkout may show the equivalent in your local currency.
View the book and save 25%Related