Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.

In California, the execution of judgment is governed by the California Code of Civil Procedure. When a judgment creditor is owed money by a judgment debtor, the creditor can obtain a writ of execution from the court. This writ authorizes the sheriff or a constable to seize assets or property belonging to the debtor to satisfy the judgment. The seized assets may include wages, bank accounts, personal property, or real estate. The sheriff or constable can either take possession of money directly or sell the seized property at a public auction and then deliver the proceeds to the judgment creditor. The process is designed to enforce the judgment and ensure that the creditor receives the amount awarded by the court. It is important for judgment debtors to be aware that certain types of property and amounts of income may be exempt from seizure under California law, and an attorney can provide specific advice on potential exemptions and legal strategies.