For which execution may issue

Writ of attachment. Release and modification. Writ of execution. Levying execution. Order in aid of judgment. A judgment for the payment of money bears interest at the rate of nine percent a year from the date of its entry.

Cross reference:. The constitutional provisions on the Judiciary are found in Kosrae Const. A judgment determining an interest in land automatically effects the release or transfer of an interest in land in accordance with the judgment, upon recordation of a copy of the judgment pursuant to section After expiration of the time for appeal without the filing of a notice of appeal, determination of an appeal or entry of an order that an appeal does not stay a judgment, the Court may enforce a non-monetary judgment or the adjudication of an interest in land by contempt proceedings, if enforcement is then necessary to prevent irreparable injury or multiple damage to the interests of a prevailing party and is otherwise in the interests of justice.

Enforcement of a judgment occurs by Court appointment of a receiver, by a seizure and disposition of property pursuant to Court order, by a civil action on the judgment, or by other common law means. Attachment may not extend to personal property exempt from attachment or a type of personal property which the Court states in the writ.

Upon application of a party or of its own motion, the Court may make and modify an order for the release of property from attachment or for its sale when perishable or upon the request of the owner of the property, and for the safekeeping of the proceeds of the sale.

If the property is money, the debtor's bank account may be frozen or the funds may be moved into a holding account. If real property is to be transferred, the items can be transferred in-kind or can be sold in a sheriff's sale.

Funds from the sale may be given to the plaintiff to satisfy the terms of the court's judgment. After a judgment of possession, a writ of execution is typically only granted if the defendant is required by law to make a payment to a plaintiff, but will not do so voluntarily.

A writ of execution can also be used to evict a tenant who will not leave on their own and who will not pay rent. In the event of a tenant's eviction, the issuance of a writ of execution allows the tenant and their belongings to be removed from the residence.

A writ of execution also allows for property to be collected that can then be sold to produce funds for repayment. In certain cases, the debtor's bank account may be accessed. However, certain funds may be off-limits even with a writ of execution, including Social Security income.

A writ of execution may also be issued in a bankruptcy case. In bankruptcy cases, judges usually direct a writ of execution to a U. Marshal rather than a state official, such as a sheriff or a court officer.

Bankruptcy cases can only be heard in federal courts; at the federal level, the U. Marshals Service is generally the agent for executing writs of execution. The U. Marshal is then tasked with enforcing and satisfying the judgment for payment of money. Real Estate Investing.

Debt Management. Social Security. Actively scan device characteristics for identification. Use precise geolocation data. Types of property eligible for exemption include home furnishings, food, farming or ranching vehicles and implements, tools of a trade, apparel, certain jewelry, two firearms, athletic and sporting equipment, one motor vehicle for each licensed driver in the household, pets and certain farm animals.

Property, which is non-exempt, and thus subject to a Writ of Execution, includes property like vacation homes, rental properties, boats, and excess personal property. These are the types of property a Writ of Execution will target.

The court-issued Writ of Execution under Texas law and the applicable Writ of Execution Texas statute happens after judgment has been entered. Under Texas Rule of Civil Procedure Writs of Attachment in Texas are used in several types of situations both to secure property to satisfy a debt and to ensure a judgment debtor participates in the case against him or her. The request for a Writ of Execution is made to the clerk of the court that heard and determined your case, and there is a fee for making the request.

The Writ of Execution is a proactive approach to post-judgment enforcement. The Writ of Execution is filed at the courthouse as part of the docket entry for your case and is a fully enforceable court order. After the Writ of Execution is served, the sheriff or constable has full legal authority to seize real and personal assets of the judgment debtor. This includes placing a notice of seizure on a physical premise or at the perimeter of land or removing funds from a bank account.

Often, the officer serving a Writ of Execution will bring unwanted exposure to the debtor, leading debtors to attempt post-judgment settlement efforts, which creditors have complete discretion to entertain.

Depending on the circumstances, the Writ of Execution can be useful leverage for making sure a judgment debt is promptly satisfied.