What is an Execution on Money Judgment?
An Execution is an order from the court authorizing our office to utilize the Sheriff in causing payment to be made on the Judgment in the amount of the “Execution Total”, which includes Post Judgment Interest at 12% per year, and is good for 20 years or until the Judgment is satisfied.
What is the purpose for the Execution on Money Judgment?The Execution allows Plaintiff to utilize the Sheriff in seizing interest the Defendant has in Real and Personal Property. This can include attaching the interest the Defendant holds in real estate. When reviewing a deed, if the Defendant owns as Tenants by the Entirety, plaintiff can lien, but we will not receive any funds if they die prior to the other party on the deed, because at death the Defendant loses the interest to the surviving spouse; unless Plaintiff has a Judgment and an Execution was issued against both spouses and seizes the interest in both names. If the real property is owned any other way, Plaintiff will only lien the interest the Defendant has in the real estate. This can also include the interest the Defendant has in Bank Accounts, Employment Wages and Automobile Titles. Plaintiff is able to attach anything allowed by law. If the personal property is owned any other way, Plaintiff can only execute on the interest the Defendant has. The Execution is the most important tool Plaintiff receives from a Judgment. Plaintiff is able to use this order to file Supplementary Process and examine the Defendants finances. Plaintiff is able to file a Wage Garnishment Suit and garnish up to the statutory amount allowed. There are many purposes for the Execution, but most important, it is used to recover the funds owed to Plaintiff.
What are the benefits of the Execution on Money Judgment?The Original Execution is what Plaintiff needs to file a lien on a property. Plaintiff needs the judgment and in most cases the original execution to file new cases on the underlying judgment in courts of law to recover the full amount plus any additional cost and post judgment interest.
Where do I get the Execution?If you filed in Small Claims and you attended one payment review hearing and it has been less than a year from the date of judgment, simply send a letter to the court requesting an Execution. You may have to send a military affidavit. The court will typically issue 10 days after a civil judgment is entered. All other requests have to be in a Motion.
DisclaimerYou must satisfy the execution within 10 days after you recieve the last payment on the Judgment. The information is not intended to be legal advice. Attorney Satterwhite invites you to call or e-mail for more information, however, visiting his website or contacting him does not establish an attorney-client relationship. Please do not send information that may be considered privileged or confidential prior to establishing an attorney-client relationship.