Writs of Execution
About Writs of Execution
Writs of Execution are orders issued by the District Court directing the Sheriff’s Office to satisfy a judgment.
It is the responsibility of the judgment creditor or the attorney to locate the assets of the judgment debtor.
Third party levies involving the collection of monies are processed in the following manner:
- Bank Accounts (Natural Persons and Corporations)
- Other Assets
Bank Accounts (Natural Persons and Corporations)
A third party levy on a bank account(s) is generally served within two to four business days upon receipt of the Writ of Execution by the Civil Division. Funds on deposit in the account(s) are frozen as of the date of service. Financial institutions respond by mail to the Civil Division approximately 30 days (14-21 days for corporate accounts) after date of service. At that time, if a check is received from the bank, it is deposited and within two weeks the funds are remitted to you (judgment creditor / attorney) by mail, in the form of a Sheriff’s Office check.
A third party levy on wages is served generally within two to four business days upon receipt of the Writ of Execution by the Civil Division. This one service will garnish the wages for 70 days, at which time the employer will remit the funds to the Sheriff's Office. Then the papers will be served again to garnish for another 70 days. The Writ of Execution expires 180 days from the date it is issued by the court. When the Sheriff's Office stops levying, it will mail you the funds collected, plus your deposit, approximately two to three weeks after the last check is received. If the judgment is not fully satisfied, and the judgment debtor is still employed, you must obtain a new Writ of Execution from the Clerk of Court and deliver it to the Civil Division with a deposit, $15 legal fee and instructions to re-levy.
In the event no monies are collected pursuant to the sheriff’s levy (due to no funds in account, employment terminated, does not earn more than minimum wage, leave of absence, etc.), notice will be mailed to you giving the reason and the Writ of Execution is returned to the Clerk of Court. You must then locate other assets, obtain a new Writ of Execution from the Clerk of Court and deliver it to the Civil Division. If no other assets can be found, contact District Court regarding the procedure of ordering the judgment debtor to court to divulge their assets.
*Sheriff's fees are added to judgment amount to be collected.