Executing on Tangible Personal Property

Question 1

A creditor satisfies a judgment with a…

Answer 1

“writ of execution”, also called “writ of fieri facias” and “fi fa”

Question 2

The lien is created by a…

Answer 2

levy on the property by the sheriff. The levy is the public act.

Question 3

The writ is issued automatically by the clerk ___ days after judgement unless instructed otherwise by creditor.

Answer 3

21

Question 4

What is the process of executing the writ?

Answer 4

1. Writ is issued to sheriff, instructing him to levy on tangible property in the county.
2. There is a return on the back of the writ. Sheriff describes the property found and what he did with it. The return is then given back to court.
3. The sheriff must get the return back in the time listed by the court, usually 90 days.

Question 5

At the time of the levy, the property must belong to…

Answer 5

the debtor. e.g. cannot levy property debtor is leasing from a third party.

Question 6

Levy by the sheriff requires:

Answer 6

1. Seizure or observation with the power to exercise “control or dominion”
2. Copy of the writ served on the judgment debtor
3. That the property be described in the return

Question 7

After levy, the sheriff…

Answer 7

conducts a public sale of the property.