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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).
A writ of execution is basically a court order allowing the sheriff to cease possession of any assets a tenant may have at hand. These assets can be in the form of money or other possessions the tenant owns. Texas does not allow creditors to take, among other things, the first $30,000.00 from judgment debtors.
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)
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.
Requesting a Writ of Execution Another way a creditor may try to collect their judgment is through a writ of execution. Requesting a writ of execution from the court would allow the debtor's non-exempt property to be seized and sold with the proceeds going to the debt owed to the creditor.
The judgments of the district, county, and justice courts shall be enforced by execution or other appropriate process. Such execution or other process shall be returnable in thirty, sixty, or ninety days as requested by the plaintiff, his agent or attorney.
A writ is an order issued by a legal authority with administrative or judicial powers, typically a court.
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.