The Writ of Execution--A tool for Debt Collection

The Writ of Execution--A tool for Debt Collection
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The Writ of Execution–A tool for Debt Collection

If you have taken someone to court and you won the case, you now have a judgment against an individual or a company.  You may think that you should begin to receive compensation for your losses.  If only life were that easy!! Successful judgement execution can be very difficult.

The time that you can execute on the judgment varies by state.   For example, you cannot execute on a court ordered judgment in Maryland for 10 days.  This delay gives the debtor time to appeal the ruling.  After 10 days, you can proceed with execution on the judgement.

Writ of Execution

Assuming the debtor still refuses to pay or enter into a repayment arrangement, the Writ of Execution is one tool that can be used for debt collection. The Writ of Execution directs the sheriff, constable, or the deputy sheriff to levy upon the property of the debtor. In serving the Writ of Execution, the sheriff initially performs an inventory of the contents of the home or business. The sheriff also counsels the debtor to contact the plaintiff to work out payment arrangements to avoid a sale of the property. If the debtors refuses to work out terms of repayment, the debtor’s goods or land can be sold. Once they are sold, the proceeds are used to pay the amount of the judgment and court costs shown on the Writ of Execution.

There are some exemptions to the Writ of Execution. In other words, certain assets cannot be levied or sold. These exemptions vary by State. For example, in the State of Maryland some of the exemptions include:

  1. Wearing apparel, books, tools, instruments, or appliances, in an amount not to exceed $5,000 in value necessary for the practice of any trade or profession except those kept for sale, lease, or barter.
  2. Professionally prescribed health aids for you or any of your dependents.

The Writ of Execution process is complex. It would be wise to seek legal counsel before filing a Writ of Execution.

The attorneys at Kind and Dashoff, LLC are experts at judgment collection, including Writs of Execution. They are available to help you collect your delinquent accounts. Just fill out a simple form or call us.