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Writ of execution
Also called execution, writ of levy, enforcement of judgment.
A court order directing an officer to seize a judgment debtor's property or funds to satisfy a judgment, which is how a paper judgment turns into money taken.
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What it means
A judgment by itself collects nothing. The creditor must enforce it, and the writ is the instrument that authorises a sheriff, marshal or equivalent officer to act — levying on bank accounts, seizing and selling personal property, or in some states garnishing accounts receivable so the debtor's own customers pay the creditor directly.
The bank levy is the fastest and most common. The creditor identifies the account, the writ is served on the bank, and the bank freezes and then remits the balance up to the judgment amount. This usually happens without advance warning to the debtor, and the first sign is payroll failing to clear. Receivables garnishment is the more damaging one commercially, because it tells customers the business has a judgment against it.
Procedure, exemptions, and what property is reachable are all state law and differ substantially. A judgment from one state generally has to be domesticated in the state where the assets are before enforcement can begin there. Judgments can typically be enforced for a long period and renewed, and often accrue statutory interest in the meantime.
Where this one catches people
The gap between judgment and enforcement is where businesses relax. Nothing happens for weeks, so the judgment feels theoretical, and the money stays in the operating account. Then the account is frozen on a Tuesday and payroll does not run on Friday. Where a confession of judgment was signed, the entire sequence — from default to entered judgment to levy — can complete before the owner is aware any of it has begun.
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Writ of execution — common questions
What does writ of execution mean?
A court order directing an officer to seize a judgment debtor's property or funds to satisfy a judgment, which is how a paper judgment turns into money taken.
Where does writ of execution catch people out?
The gap between judgment and enforcement is where businesses relax. Nothing happens for weeks, so the judgment feels theoretical, and the money stays in the operating account. Then the account is frozen on a Tuesday and payroll does not run on Friday. Where a confession of judgment was signed, the entire sequence — from default to entered judgment to levy — can complete before the owner is aware any of it has begun.
Is writ of execution the same as an interest rate?
Writ of execution is defined above; if you are comparing it against a rate, check whether the two measures share a time dimension before you put them side by side.
Which products does writ of execution apply to?
Merchant Cash Advance, Working Capital, Term Loan.
Is there a worked example of writ of execution?
Not on this entry. Where a term is arithmetic, the arithmetic is shown; this one is not primarily a calculation.
What else should I read alongside writ of execution?
Confession of judgment, Default, Personal guarantee, Setoff, Settlement.
Has this definition been checked?
Not yet. This entry is drafted and live, and the notice at the top says so. Confirm anything you are about to act on.
Is this legal advice?
No. It is a definition. What a clause does in your contract, in your state, is a question for a lawyer licensed where you are.
Can I suggest a term?
Yes — [email protected]. The glossary grows from what people are actually shown in contracts.