Writ of Execution

What it is

A writ of execution is a court order that authorises a sheriff or enforcement officer to seize and sell a debtor's property to pay a judgment debt. The proceeds of the sale, after costs, go toward satisfying the amount owed to the creditor.

Depending on the state, it may be called a writ of execution, a warrant of seizure and sale or similar. It is an enforcement step used after judgment.

How it works

After obtaining a default judgment or other judgment, the creditor asks the court to issue the writ. The enforcement officer can then attend the debtor's premises to identify goods that may be taken and sold. Some assets are protected and cannot be seized.

This option suits debtors who own goods or equipment of value. Merion assesses the most effective enforcement path for each matter at refer a debt.

Good to know

This is general information and not legal advice. A writ does not create money out of nothing — it only works where the debtor has unencumbered goods worth seizing and selling. Auction values are often well below retail, and enforcement costs apply. For debtors with income rather than assets, a garnishee order may be more effective.