Step One - Obtain a Judgment

The creditor must establish in court that the debt is owed.  This is typically done by filing a lawsuit in the local county court.  If the plaintiff (creditor) wins the lawsuit, a judgment is created.  A judgment can also be created if the defendant (debtor) does not respond to or participate in the lawsuit.

Step Two - Execution

A judgment give the successful plaintiff (creditor) no interest and no priority in the debtor’s property or income.  The judgment remains unsecured until execution on the judgment is obtained.

• Writ of Execution - orders the Sheriff to look for non-exempt property of the judgment debtor, seize it, sell it, and pay the proceeds to the judgment creditor until the judgment is fully paid.
• Levy & Seizure - the Sheriff takes the Writ of Execution and goes looking for the debtor’s property.  The Sheriff may take physical possession of the property or “tag” it with a notice of seizure or post real property.
• Return of Writ - the document that describes the Sheriff’s efforts to find property of the debtor.
• Execution - describes the entire process from start to finish.

After execution, the judgment creditor becomes a “judicial lien creditor” or a “lien creditor.”  This happens only after the Sheriff has levied upon a specific piece of the debtor’s property and the judgment creditor is a “judicial lien creditor” or a “lien creditor” as to those items only.

Step Three - Sale

The Sheriff advertises the levied and/or seized property, sells it, and pays the proceeds to the judgment creditor until he is paid in full with any balance remaining going back to the debtor.

(Copyright - Amy B. Good-Ashman 2008)

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