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 Louisiana, the execution of a judgment is governed by the Louisiana Code of Civil Procedure. When a judgment creditor seeks to enforce a judgment, they may request a writ of execution from the court that issued the judgment. This writ authorizes the sheriff or constable to seize assets of the judgment debtor to satisfy the debt. The seized property can include personal property, real estate, and other assets. Before the property is sold at auction, the sheriff or constable must provide public notice of the sale. The proceeds from the sale are then used to pay the judgment creditor, after deducting the costs of the execution process. If the proceeds are insufficient to cover the judgment, the creditor may continue to seek other assets of the debtor. It's important to note that certain property may be exempt from seizure under Louisiana law, and the judgment debtor can claim these exemptions. The process must be carried out in accordance with state statutes and due process requirements to ensure the rights of both the judgment creditor and debtor are protected.