A Pennsylvania Writ of Execution is a court order issued by the court to enforce a judgment or money award, directing the sheriff to seize and sell the debtor's property in order to satisfy the debt. It is issued in cases of nonpayment or when the debtor has not complied with other court orders. The Pennsylvania Writ of Execution is also referred to as a "writ of fair facial," which is Latin for "to execute a judgment." There are three types of Pennsylvania Writ of Execution: a writ of execution proper, a writ of possession, and a writ of repletion. A writ of execution proper is issued to enforce a judgment for a money award, ordering the sheriff to seize and sell the debtor's property. A writ of possession is issued to restore possession of the property to the creditor, and a writ of repletion is issued to recover personal property.
Pennsylvania Writ of Execution
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FAQ
Execution means (1) the act of carrying out, performing, or completing, as in the execution of an order or decree; (2) signing or completing all formalities necessary to make a contract or document effective, such as signing, stamping, or delivering; (3) to put to death ing to a court-rendered sentence; (4)
Description. 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).
This means that the judgment debtor/defendant has the right to set aside certain real and personal property from collection by the judgment creditor/plaintiff.
A writ is an order issued by a legal authority with administrative or judicial powers, typically a court.
Rule 3108 - Service of Writ, Notice of Execution (a) Service of the writ shall be made by the sheriff in the case of (1) tangible personal property, by levy thereon or, if the property is in possession of a third person who prevents a levy or fails to make the property of the defendant available to the sheriff for levy
Writs were developed over time as a way for authorities?legal and otherwise?to direct others to perform specific actions. This means that a modern-day writ provides an order from a higher to a lower court, from a court to an individual or other entity, or from a government agency to another party.
Stopping the Writ of Execution The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment.
The writ authorizes the sheriff's office to take certain action to collect the monies against the debtor. When you file a writ of execution you are then directing the sheriff to take some additional action concerning the judgment. This can apply significant pressure for the debtor to pay.