How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
characters left:
13 Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Writ of Execution Questions

What is a writ of execution?

A writ of execution is a “court order” obtained by a plaintiff from the court to enforce a judgment of possession against the defendant or judgment debtor. When such an order is obtained, the court appoints the sheriff or a levying officer to officially take authority over or possession of the property of the judgment debtor. In most cases, the sheriff taking control of the bank account of the defendant is preferred. Another option the judgment creditor could have is to implement a freeze on the title of any property owned by the judgment debtor until the debt is cleared. Property of the judgment debtor could also be sold in a “sheriff’s sale”, proceeds of which would be awarded to the plaintiff in full or partial satisfaction of the judgment. Ordinarily, once a judgment is passed, a defendant pays what is required as per the verdict. Hence the writ of execution need not be implemented. However if the defendant ignores the judgment against him/her, it forces the plaintiff to use writs of execution to enforce the judgment.

All assets of the defendant or judgment debtor are not available for execution. For example, social security income, unemployment income, and so on could be exempted up to a certain limit.

Listed below are a few questions answered by the Lawyers on issues related to writ of execution.

I have obtained a judgment by the court against a realtor from California. What can I do to have her commission garnished?

A wage garnishment or in this particular case, in order to have the commission garnished, you would need to obtain a writ of execution. A writ of execution is a document which certifies the amount owed and grants you the authority to send the levying officer (usually the sheriff) to the debtor’s employer to begin the wage garnishment procedure. This document or form is available at a nominal fee with the court clerk from where the judgment was passed. The form is required to be filled completely and submitted to the court clerk, along with the Earnings Witholding Order, to garnish wages.

I have been served a writ of execution in North Carolina to pay the law firm of my creditor the full balance along with fees. However, when I made a partial payment and requested for detailed accounting and the balance owed, I received no reply from them. How can I fight this?

You could file a motion to quash the writ of execution in the same court which issued the writ. This motion should highlight that you have made a partial payment and upon requesting accounting information on the balance due, you received no accounting evidence from the law firm. You should attach a copy of any letters or communication sent by you to the law firm as proof. Once this motion to quash is drafted, the original would need to be filed with the court clerk and a copy of the motion should be sent to the attorney of the creditors via United States Postal Services (USPS).

A writ of execution issued against me is valid for 120 days. Can a levying officer or sheriff implement it by seizing my assets/money within this period of time or is it valid indefinitely?

The validity or expiration of the writ of execution does not pardon you from the obligation of paying the debt as decreed in the judgment. If you fail to pay within this window or have insufficient assets to pay as per the judgment, the plaintiff can request the court to issue another writ of execution until the debt is cleared or judgment has been satisfied. A sheriff or levying officer can implement the writ of execution at will for the next ten years. In order to get a respite from paying the debt, you must be able to prove the execution of the writ would result in basic necessities (example: food, water, shelter, and so on) becoming unaffordable to you.

I am unable to pay a debt against which a writ of execution has been filed. What are my options?

If any property you own belongs to the category of a statutory exemption and a claim is imposed on such a property, you have the option to file a claim of exemption with the court. Once the claim of exemption has been filed, the court will hear the case to determine whether the property is factually exempt and cannot be seized by the judgment creditor. If deemed exempt, the property will be reinstated to you. If it falls into an exception category, the levying officer or sheriff is allowed to make a public sale and use the subsequent proceeds as a payoff.

The property and money which belongs to you which cannot be taken possession of include the debtor’s home, funds received from workers’ compensation, unemployment and social security benefits. The county clerk or sheriff would have more information on the list of exempted property.

Sometimes a judgment in your favor may not prompt action from the defendant. In such scenarios a writ of execution helps you enforce the judgment with powers to take possession of the judgment debtor’s money/property to enable you to recover what is due to you. To understand more about the writ of execution, either as a debtor or creditor, consulting with an Expert could prove useful.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
characters left:
13 Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21597
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18602
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Writ of Execution Questions

< Last | Next >
View More Legal Questions