Writ of attachment, writ of execution, writ fi. Fa. b.
Writ is delivered to sheriff who then levies the property by taking physical possession of it, or some other form of ritual action.c.
After levy, the judgment creditor becomes a judicial lien creditor to that property.i.
Sheriff will advertise the property for public sale, auction it,remove administrative costs, and distribute proceeds to judicial lien creditors in order of priority.ii.
Anything left over will be reimbursed to the debtor.ii.
Turnover statute permits examination of the debtor under oath so that assets can be determined.2.
Once assets are found, debtor can be ordered to produce the property, againunder pain of contempt.iii.
Various other writs exist in jurisdictionsa.
i.e. writ of sequestration that allows seizure of specific property thatwill then be held.iv.
Judgment liens by recordation1.
Process that allows a creditor to obtain a lien on a debtor¶s property quickly andsimply, without going through full execution process.a.
In most jurisdictions, process is limited to encumbering the debtor¶sreal estate. b.
Recordation is effective as to the debtor¶s propertyc.
For a nominal fee, creditor effectively ties up the debtor¶s property,often preventing resale or transfer because no purchaser would buy property with a title clouded by an earlier judgment lien.i.
Works as pressure to cause debtor to ³voluntarily´ settle debt.v.
Dormancy and limitations1.
A judgment that has not been the subject of enforcement efforts for a long period of time faces disability, either through dormancy or expiration2.
Dormancy (usually 1 yr) requires the claim to be revived/renewed in order to acton it.3.
Expiration (usually 10 yrs) of the statute of limitations is terminal for a claimvi.
Debt collection by the Federal Government1.
Federal Debt Collection Procedures Act 104 Stat. 993, 28 USC 3001-3308a.
Procedures generally similar to those described in this section for collection of debts under state law. b.
BUT, does not apply to enforcement of all judgments in federal courts,only those asserted by the federal government.vii.
Alimony and Child Support are among the most difficult debts to collect.2.
Specialized rules regarding collection of these debts.a.
Imprisonment has been retained for failure to make family support payments. b.
Child Support Recovery Act of 1992 give ex-spouses more extensivetools to collect support.viii.