A writ of execution initiates the court-mandated collection

A writ of execution initiates the court-mandated collection

On Behalf of | Jan 3, 2023 | Commercial Debt Collection

The law provides several options for creditors intent on collecting a debt. The creditor trying to collect a debt will file a lawsuit with the court. If the court agrees with the plaintiff, it will issue a writ of execution to the judgment creditor, which allows them the legal right to collect money to satisfy a debt owed to them. Once the judgment creditor has the writ of execution in hand, they request the sheriff to step in and collect assets from the judgment debtor.

Some essential facts about a writ of execution:

  • Certain assets are exempt from seizure.
  • Each county requires its own writ of execution.
  • Multiple writs may issue simultaneously, and successive writs may issue before the return date of a writ previously issued.
  • Writs of execution can last up to 180 days

Enforcing the writ of execution

Once the judgment is issued, the creditor takes the writ to the sheriff’s civil division to have it served. The judgment creditor instructs the sheriff how they wish to execute the writ. There are options for enforcing the writ of execution involving a business. They include:

  • Bank levy
  • Keeper 8-hour levy
  • Till-tap levy (Going business)
  • Vehicle levy

Collections attorneys provide solutions

Those with questions about a writ of execution or other components of collecting a debt can contact a debt collection attorney here in California. These legal professionals understand how collection law works and make it work for their clients. While the courts may issue a writ of execution, it often takes a collections attorney to coerce the unwilling judgment debtor to comply.