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A judgment generally operates to settle finally and authoritatively matters in dispute before a court. Judgments may be classified as in personam, in rem, or quasi in rem.
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.
Execution (a) In General. (1) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise.
Federal Rule of Civil Procedure 69(a) states, ?In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person?including the judgment debtor?as provided in these rules or by the procedure of the state where the court is located. ...
Federal Rule of Civil Procedure 69(a) provides that the procedure to execute on a money judgment ?must with the procedure of the state where the court is located.? Thus, after winning a civil judgment, a judgment creditor will use state law procedures in supplemental federal proceedings to collect the award.
What Is a Writ of Execution? 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 property as the result of a legal judgment. Property may include assets, money, or real property.
A Rule 69 Agreement allows the parties to settle some or all of their disputes privately, leaving only the unresolved issues to be resolved by the family law court. Common disputes settled ahead of divorce trial proceedings are visitation, parenting time, child support, and how to divide assets.
Generally, where the court's judgment requires payment of money, the most common remedy in magistrate's court is execution. The process to enforce a judgment for the payment of money shall be by writ of execution and shall be conducted as provided by law.
A writ of execution may require a bank to deny a debtor access to his or her funds and instead provide that money to the creditor. The court may also direct an employer to take part of the debtor's wages and send them directly to the creditor.
A Rule 69 deposition allows us to search the debtor's financial records and examine their bank accounts and statements.