An enforcement order also recovers real estate, which can then be sold to produce funds to be repaid. In some cases, the debtor`s bank account is accessible. However, some funds may be banned even with a writ of execution, including social security income. Many states also exempt unemployment insurance (UI) benefits and money held in an IRA. Then, the judgement creditor is paid up to the amount of the judgment. The rest of the money, if any, goes to the debtor. Since sending the sheriff to the debtor`s residence to find property costs the creditor money, the creditor can do research to determine if the debtor has non-exempt assets, and if it has any, the creditor will inform the sheriff. PERFORMANCE, contracts. The completion of a thing; such as the execution of a deposit and a warrant of the lawyer, which is the signature, sealing and delivery thereof.
If the performance involves more property than the debt, interest and costs satisfy, the sheriff (or enforcement agent) must divide the property and sell only enough to cover the amount allocated. Example: A judgment of possession is a court order that determines who is entitled to property. After the court has issued a judgment of possession, the judge may issue a writ of execution to begin the transfer of ownership. The judgment of taking possession states that the plaintiff has a right to the property; The enforcement order actually initiates the process of transferring from a court debtor to an applicant. Attachment: Attachment refers to the process by which part of the court debtor`s salary is deducted from the court debtor`s paycheck and delivered to the court debtor. Once the sheriff has raised the issue, it is his duty to sell the confiscated property. An execution sale is a sale of property by a sheriff as an agent acting under the execution order. An execution sale must be made to promote competition and get the best price.
If necessary, the sheriff can use an auctioneer as an agent to sell the property in order to get the cheapest price and collect the proceeds. Privilege: In this context, a lien is a legal interest that a judgement creditor has in the debtor`s movable or immovable property. Enforcement creates a privilege that gives the judgement creditor qualified control over the assets of the judgement debtor. In most jurisdictions, an enforceable lien binds all property, personal or wealthy, subject to recovery. It is sometimes referred to as general privilege because it is related to all of the defendant`s property. Enforcement of judgment: Enforcement refers to an official document that orders a sheriff to take possession of a judgement debtor`s assets so that they can either (a) be handed over to the judgement creditor or (b) sold at a public sale so that the proceeds can be handed over to the judgement creditor. EXECUTION, exercise. The act of enforcing the final judgment of a court or other jurisdiction. The application for the official to execute such a judgment is also known as enforcement. 2. A distinction has been made between enforcement, which is used to take money owed for a judgment from the defendant`s property, and enforcement, known as final enforcement; and a sentence which tends to end, but which is not absolutely definitive, such as capias ad satisfaciendum, on the basis of which the defendant`s body is taken with the intention that the plaintiff pays his debt, the custodial sentence not being absolute, but until he fulfils it; This is called an execution quousque.
6 Co. 87. 3. Executions are used either to recover certain things or money. 1. From the first class are the writings of habere facias seisinam.; (p.a.v.) Habere facias possessionem; (see also Retorno habendo; (see also Distringas. (s.a.) 2. Executions for the recovery of funds are those imposed on the body of the accused, such as capias ad satisfaciendum (see above); a facility, (s.a.s.); those who spend against his property and movable property; namely, the Fieri facias (s.a.s.); Le, venditioni exponas, (s.a.s.); those who fight against his lands, the Levari facias; (s.a.e.) the Liberari facias; The Elegite. (s.a.) Empty 10 wine. 541; 1 ves. Jr.
430; 1 Sell. pr. 512; Ferry. From. H.T.; Com. Dig. H.T.; the different digests, H.T.; Tidd`s Pr. Index, h.t.; 3 bouv. Inst. Nr. 3365 ff.
The courts may at any time modify the enforcement in order to bring it into conformity with the decision on the basis of which it was rendered.