Writ of Execution
A writ of execution is a common court order granted by a court in an
attempt to satisfy a judgment obtained by a plaintiff. When issuing a
writ of execution, a court typically will order a sheriff or other
similar official to levy property owned by a judgment debtor. Such
property will often then be sold in a sheriff's sale, and the proceeds
remunerated to the plaintiff in partial or full satisfaction of the
judgment. It is generally considered preferable for the sheriff simply
to confiscate money from the defendant's bank account. If the judgment
debtor owns real property, the judgment creditor can record the
execution to "freeze" the title until the execution is satisfied.
In the United States, not all assets are subject to execution. For
example, social security income that resides in a bank account is exempt
from a levy on a debtor's bank account. Many states also protect an
Individual Retirement Account from execution, as well as unemployment
income but the amount that is exempt may be limited. Also, the debtor,
may have to ask the civil court for his/her writ of execution, in order
for the court to protect their bank accounts from levy. A person should
not, however, assume that because they are collecting SSI/SSD, that the
creditor simply won't levy -- they may. The debtor must also prove that
the funds in the account are exempt.
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