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Obtain a Writ of Execution. This is an attempt to levy some part of the debtor’s property and is issued 15 business days after the date of judgment at the request of the plaintiff. Some examples of property that can ordinarily be levied in this way are:
• Money in a deposit account
• Personal property
• Motor vehicles owned by the debtor
• Money/assets to which he is entitled due to the death of a friend/relative
If a creditor knows the location of any of these assets (or may be able to find out their location), then requesting a writ of execution from the court is often very helpful. Once a writ of execution (specifying the property to be levied) is granted:
1. The creditor must bring this writ to a constable, sheriff or other “levying officer.”
2. The creditor must also give the constable/sheriff information on the location of the assets to be levied.
3. The constable/sheriff must then serve, in person, the writ of execution to the debtor and collect the property specified in the writ. This property will be kept in the sheriff/constable’s safekeeping for a period of time.
4. If the debtor does not file a “claim of exemption
” (which he is entitled to do), then the sheriff will either turn the money directly over to the creditor (in the case of cash assets) or sell the assets (i.e. a car) and return the proceeds to the creditor.