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Civil litigation

execution of judgment

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 West Virginia, the execution of judgment is governed by state statutes that outline the process by which a sheriff or constable can enforce a court judgment. After a creditor wins a lawsuit and the court issues a judgment, the creditor can request a writ of execution from the court. This writ authorizes the sheriff or constable to seize assets or property belonging to the debtor to satisfy the debt. The seized assets may include personal property, real estate, or money. If the property is sold, the proceeds go towards paying off the judgment debt, after deducting the costs of the sale and any exemption amounts entitled to the debtor. West Virginia law provides specific procedures and exemptions that protect certain property of the debtor from seizure, and the execution process must comply with these legal requirements.

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Civil litigation

execution of judgment

Individual & Family Legal Plan

Articles

West-Virginia State Code

West-Virginia State Code

Civil litigation

execution of judgment

Articles