How to Draft a Writ of Execution for a Family Law Judgment 

If you’re a creditor who has a judgment against a judgment debtor, you may want to draft a writ of execution to seize the debtor’s property to pay off the court’s judgment. This type of procedure is also called a sheriff’s sale and can be an important tool to use in collecting a judgment. 

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Identifying the Debtor’s Property 

The creditor must know where the judgment debtor owns property, as well as its value. The debtor’s assets may include real estate (land and buildings), personal property, such as automobiles, boats or planes, or accounts with banks. Depending on the nature of the judgment, these items can be seized under a writ of execution and sold at a sheriff’s sale to pay off the debt. 

How to Write a Writ of Execution for a Family Law Judgment

The writ of execution is a court order that allows the court or a law enforcement officer to seize and sell a person’s property. A sheriff or constable will serve this writ of execution to the judgment debtor, which he or she must accept or ignore. 

A writ of execution requires specific information about the debtor’s property, so it is important to provide the sheriff with a complete list of the debtor’s properties and assets. You should also be able to give the sheriff a list of the names and addresses of people who own or control the debtor’s property, such as owners, managers, renters, or other individuals with an interest in the property. 

When drafting a writ of execution for a judgment, it is important to ensure that the writ lists the legal entity that owns or controls the judgment debtor’s property. If the writ does not include the legal entity name, the sheriff will not enforce it. 

For example, a writ of execution for an auto dealer would need to include the legal name of A-1 Auto, a corporation, or Acme Sales, a partnership. A writ of execution for a personal bank account would not need to list the legal name of the debtor’s account. 

What to Do After a Writ of Execution Has Been Issued

Once a writ of execution has been issued, the sheriff or constable will go to the debtor’s residence or place of business. The sheriff or constable will ask for permission to enter the property and search it. If the sheriff or constable finds any non-exempt personal or real property belonging to the debtor, they will bring it to the sheriff’s office and sell it at a sheriff’s sale. 

If a writ of execution is issued to collect money on a loan, the sheriff may take the money from the lender’s bank account and deposit it in a special account. The money will then be paid back to the lender minus the sheriff’s service charge. 

How to Draft a Writ of Execution for an Unpaid Family Law Judgment 

In many cases, a family law judgment can be difficult to collect from a former spouse or domestic partner. This is because California courts state that the individual must collect the judgment from their ex spouse or domestic partner themselves. If the ex spouse or domestic partner refuses to pay, you should contact them and request that they send you a payment.