An Execution is an order of the court directing the Sheriff or other designated officer of
the court to seize the Defendant's property to satisfy a Judgment. If property is located,
then a levy follows. A levy is the process by which the court officer acquires possession
and control over the Defendant's property. Execution and levy are commonly treated as one
Common forms of Execution are:
- Garnishment or attachment of money in the form of bank accounts, insurance proceeds,
accounts receivable, and wages.
- Attachment of physical assets such as vehicles, inventory, or equipment.
- Foreclosure on real estate.
Many Executions are returned unsatisfied to the court by the court officer because:
- The Sheriff didn't try very hard.
- Lines of a secured creditor is covering all assets.
- Defendant now out of business.
- Property found is of no economic value due to age, condition, etc...
- No bank accounts.
- Any combination of the above.
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