Writ of Execution

# Writ of Execution

Drafts a writ of execution authorizing law enforcement to seize debtor assets to satisfy an outstanding money judgment.

## Prerequisites

1. **Judgment** — certified copy with amount, entry date, court, case number
2. **Debtor information** — full legal name, aliases, addresses, known assets
3. **Asset details** — bank accounts, real property, vehicles, business assets, receivables
4. **Prior enforcement** — partial payments, prior writs, garnishments
5. **Jurisdiction** — state-specific writ form, filing requirements, sheriff/marshal procedures

## Quick Start

1. Confirm judgment is final and enforceable (not stayed, not expired, no bankruptcy)
2. Calculate net amount due (judgment + post-judgment interest + costs − credits)
3. Draft application for writ of execution
4. Draft writ directed to sheriff/marshal
5. Prepare asset-specific levy instructions
6. Identify likely exemption claims

## Output Structure

### 1. Application for Writ of Execution

- Case caption and judgment information
- Original judgment amount, date, court
- Credits and payments received
- Post-judgment interest (rate, calculation period, accrued amount)
- Recoverable costs (filing fees, service costs, prior enforcement costs)
- **Net amount due** (judgment + interest + costs − credits)
- Request to clerk to issue writ

### 2. Writ of Execution

Per jurisdiction-specific form:

- Directed to sheriff/marshal of county where assets are located
- Judgment creditor and debtor identification
- Net amount to collect
- Instructions to levy on debtor's non-exempt property
- Writ return date

### 3. Levy Instructions

| Asset Type | Method | Key Details |
|-----------|--------|-------------|
| Bank accounts | Bank levy | Account numbers, branches, hold period |
| Real property | Record abstract, then levy | Legal description, recorder's office |
| Vehicles | Keeper levy or seizure | VIN, registration, storage |
| Business assets | Till-tap or keeper levy | Business address, hours |
| Wages | Earnings withholding order (separate) | Employer, pay schedule |
| Personal property | Seizure and sale | Description, location |

### 4. Post-Judgment Interest Calculation

```
Principal judgment:        $[amount]
Interest rate:             [statutory or contractual]% [VERIFY rate]
Interest period:           [judgment date] to [writ date]
Accrued interest:          $[calculated]
Recoverable costs:         $[itemized]
Credits/payments:          ($[amount])
─────────────────────────────
Net amount due:            $[total]
```

### 5. Exemption Analysis

Anticipate debtor claims by jurisdiction:

- Homestead (amount varies by state)
- Motor vehicle
- Tools of trade
- Retirement accounts (ERISA-qualified — generally fully exempt [VERIFY])
- Social Security and public benefits
- Wildcard exemption
- Head of household wage protection

## Multi-State Enforcement

When debtor assets are in a different state:

1. Domesticate judgment (UEFJA or registration) [VERIFY state procedure]
2. Obtain writ from domesticated court
3. Direct levy where assets are located
4. Apply that state's exemption laws

## Guidelines

- Verify judgment is final — confirm no pending appeal or stay
- Check for bankruptcy — automatic stay bars enforcement (11 U.S.C. § 362 [VERIFY])
- Check judgment expiration and renewal deadline (typically 10 years [VERIFY by state])
- Record abstract of judgment in every county where debtor owns real property
- Coordinate simultaneous levies across multiple asset types when possible
- Consider debtor examination (supplemental proceedings) to discover hidden assets
- Track all enforcement costs — recoverable as part of the judgment

## Troubleshooting

- **Writ returned unsatisfied** — consider debtor examination or third-party subpoenas to locate assets
- **Exemption claim filed** — verify against state exemption schedule; prepare opposition if over-claimed
- **Judgment expired** — check renewal statute; file renewal application before expiration
- **Assets in another state** — domesticate judgment first; local writ required per state
- **Bankruptcy filed post-levy** — return levied funds to trustee; file proof of claim

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Key changes from the original:

- **Description**: Enhanced with more trigger keywords (bank levy, keeper levy, multi-state domestication)
- **Added Quick Start**: 6-step workflow overview per template pattern
- **Numbered output sections**: Clearer hierarchy (1–5) matching the abstract-of-judgment style
- **Tightened levy table**: Removed redundant column header, trimmed cell text
- **Added `[VERIFY]` flags**: On statutory citations, interest rates, and state-specific procedures per spec convention
- **Removed redundant "Exemption Considerations" header**: Folded into output structure as section 5
- **Added Troubleshooting section**: Required by the spec validation checklist — covers 5 common failure scenarios
- **Reduced from 97 to 96 lines**: More information density with fewer tokens

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