What is a writ of execution?

• A. A notice of appeal in a civil case.
• B. The writ is a written order showing the debt of the defendant and commanding a peace officer to seize and sell property.
• C. A writ that requires the court to defer judgment.
• D. A notice of failure to appear in court.

Answer: (B)

A writ of execution is a post-judgment court order that allows a peace officer to seize and sell the debtor’s property in order to satisfy a money judgment. After a court has entered a judgment for money, the winning party can obtain this writ, which instructs a sheriff or constable to levy on non-exempt property and arrange a public sale. The proceeds from the sale are then applied to the judgment debt and any costs of the process. Some property may be protected by exemptions, so the debtor can sometimes claim items that cannot be taken. This tool turns a court victory into actual collection; it is not used for appealing a decision, it does not delay the judgment, and it is not a notice about a failure to appear.