Oklahoma Writ of Execution

State:
Multi-State
Control #:
US-FED-0046
Format:
Word
Instant download

Description

This form is for use in handling a procedural matter in a federal court proceeding.
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Small Claims Type of ClaimFiling FeeForcible Entry and Detainer (FED or eviction) less than $5,000.$58 plus serviceForcible Entry and Detainer (FED or eviction) greater than $5,000.$144.14 plus serviceIndebtedness less than $5,000.$58 plus serviceIndebtedness greater than $5,000.$209.14 plus service

A writ of execution is a court order that puts in force a judgment of possession and directs law enforcement personnel to begin the transfer of assets, money, or property as the result of a legal judgment.

A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).

Terms: Execution of Judgment: Execution refers to an official document that directs a sheriff to take possession of a judgment debtor's property so that it either (a) may be turned over to the judgment creditor or (b) may be sold at public sale so that the proceeds may be turned over to the judgment creditor.

A writ of attachment demands the creditor's property prior to the outcome of a trial or judgment, whereas a writ of execution directs law enforcement to begin the transfer of property as the result of the conclusion of a legal judgment.

Once you receive judgment and possession of the residence if the defendant still refuses to vacate the residence you may file a Writ of Execution. This is an order for the Sheriff to assist you in removing the defendant and change the locks on the residence. Only the Sheriff can conduct this service.

Put simply, a writ is an order to pay, while a lien is a debt secured against an asset or property. Much like a mortgage, a lien needs to be paid when a property is sold in order for it to be removed.

Attachment is used both as a pre-trial provisional remedy and to enforce a final judgment. Sometimes, courts attach a defendant's property as a provisional remedy to prevent the defendant from making herself judgment-proof by liquidating the property and/or transferring assets outside the jurisdiction of US courts.

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Oklahoma Writ of Execution