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Judgment creditors (the winners of a money judgment lawsuit) have a number of tools at their disposal for collecting. Two such tools are writs of execution and seizure. Although the two types of writs are spoken of as though they are interchangeable, they are actually two distinct in different types of court orders.
Below is a general description of each type of writ. Be aware that the states regulate civil judgment according to their own laws. How they address writs of seizure and execution may be different in the details. Also note that federal lawsuits follow an entirely different set of regulations.
Writ of Execution: More General
Both types of writs have the same primary purpose: to allow a judgment creditor, through the authority of the court and the local sheriff, to seize judgment debtor property for payment of the outstanding money judgment. Of the two types of writs, the writ of execution is more general.
A writ of execution is a court order that directs the local sheriff to seize non-exempt property in satisfaction of an outstanding judgment. The sheriff can seize non-exempt assets like boats, cars, vacation properties, jewelry, and collectibles. In most cases, the seized property is sold at auction and the proceeds forwarded to the judgment creditor.
There are two types of writs of execution:
- General – A general writ of execution allows the sheriff to seize any nonexempt property he is made aware of. That property must be located at the judgment debtor’s address.
- Specific – A special, or specific, writ targets property in the language of the order. The court orders that the sheriff seize only the property specified in the writ.
A writ of execution tends to give both the judgment creditor and the local sheriff a bit of leeway. It is not as specific as the writ of seizure.
Writ of Seizure: More Specific
A writ of seizure is very similar to the writ of execution, but it’s more specific in its language. In most states, a judgment creditor must specifically name the property it wants seized prior to the court issuing the order. When the order comes down, only that particular property is subject to seizure.
Another significant difference with the writ of seizure is that seized property likely will not be sold at auction by the sheriff. Instead, it is immediately transferred to the judgment creditor or sold to a prearranged buyer. In this regard, the writ of execution offers more immediate satisfaction.
Because an auction follows a writ of execution, the judgment credited does not really know how much money he will realize from sale. He just needs to wait and let it all play out. But with a writ of seizure, he either takes immediate possession of the property or has a buyer already lined up and willing to pay so much.
Both Tend to Be Avoided
One last thing to know is that both types of writs tend to be avoided by judgment creditors when possible. Judgment Collectors, out of Salt Lake City, UT, say there are other means of collecting money judgments that don’t involve seizing and selling property. Writs of seizure and execution are generally reserved for those cases in which all other collection methods have failed.
One thing is for sure: you do not want to be on the wrong end of one of these writs. Even if you need to set up a monthly payment plan that will have you paying your judgment for years, it’s better than losing a valuable piece of property that could have been saved.
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