Warrant of Possession Order 70 : to enforce a judgment for possession and directs the Sheriff to cause the plaintiff to have possession of the subject land. Warrant of Delivery Order 66 : to enforce a judgment for the delivery of goods and a judgment for the delivery of goods or the payment of their assessed value.
This directs the Sheriff to cause the subject goods to be delivered to the plaintiff or, if the Sheriff cannot do this to levy the property of the person bound for the assessed value of the goods. Back to top Writs of control and warrants — power to stay execution or grant other relief Back to top Writs and warrants — information about execution of the writ or warrant Notice of execution of writs and warrants of possession Back to top Writs of control and writs of delivery — description of parties Back to top Writs relating to ecclesiastical property Back to top Writs other than those conferring a power to use the TCG procedure — order for sale otherwise than by auction Back to top Enforcement in the High Court of a judgment or order for possession of land Back to top Enforcement in the High Court of a judgment or order for delivery of goods Application for permission to issue writ of sequestration Back to top Warrant of control or warrant of delivery — execution of High Court judgment Back to top Warrants of control and warrants of delivery — description of parties Back to top Warrants of control — bankruptcy or winding up of debtor Back to top Warrants where the debtor is a farmer Back to top Warrants of delivery Additionally, he has worked on cases involving writs, both for debtors and creditors.
He truly understands your situation and will do everything in his power to help you! Major credit cards accepted. Ask us about our flexible payment plans. Spanish translation services available at all times. All rights reserved. Site Map Privacy Policy. How to Avoid Copyright Infringement copying work , copyright infringement , copyright issues , legal issues , plagiarism. Contact Us. A judgment of possession is a court order that determines who is entitled to property.
After a judgment of possession is rendered by the court, the judge may then issue a writ of execution to begin the transfer of property. The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.
When a court issues a writ of execution, a sheriff, deputy sheriff, or a court official is usually charged with taking possession of any property that is owed to the plaintiff.
If the property is money, the debtor's bank account may be frozen or the funds may be moved into a holding account. If real property is to be transferred, the items can be transferred in-kind or can be sold in a sheriff's sale.
Funds from the sale may be given to the plaintiff to satisfy the terms of the court's judgment. After a judgment of possession, a writ of execution is typically only granted if the defendant is required by law to make a payment to a plaintiff, but will not do so voluntarily. A writ of execution can also be used to evict a tenant who will not leave on their own and who will not pay rent. In the event of a tenant's eviction, the issuance of a writ of execution allows the tenant and their belongings to be removed from the residence.
A writ of execution also allows for property to be collected that can then be sold to produce funds for repayment. In certain cases, the debtor's bank account may be accessed. However, certain funds may be off-limits even with a writ of execution, including Social Security income. A writ of execution may also be issued in a bankruptcy case.
In bankruptcy cases, judges usually direct a writ of execution to a U. Marshal rather than a state official, such as a sheriff or a court officer.
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