writ-of-execution

name	writ-of-execution
language	en
description	Drafts writs of execution and supporting levy instructions for post-judgment enforcement of money judgments. Covers application for writ, interest calculation, asset-specific levy methods, exemption analysis, and multi-state domestication. Use when enforcing a money judgment through asset seizure, bank levy, or keeper levy.
tags	["drafting","litigation","pleading"]

Writ of Execution

Drafts a writ of execution authorizing law enforcement to seize debtor assets to satisfy an outstanding money judgment.

Prerequisites

1. Judgment — certified copy with amount, entry date, court, case number
2. Debtor information — full legal name, aliases, addresses, known assets
3. Asset details — bank accounts, real property, vehicles, business assets, receivables
4. Prior enforcement — partial payments, prior writs, garnishments
5. Jurisdiction — state-specific writ form, filing requirements, sheriff/marshal procedures

Quick Start

1. Confirm judgment is final and enforceable (not stayed, not expired, no bankruptcy)
2. Calculate net amount due (judgment + post-judgment interest + costs − credits)
3. Draft application for writ of execution
4. Draft writ directed to sheriff/marshal
5. Prepare asset-specific levy instructions
6. Identify likely exemption claims

Output Structure

1. Application for Writ of Execution

• Case caption and judgment information
• Original judgment amount, date, court
• Credits and payments received
• Post-judgment interest (rate, calculation period, accrued amount)
• Recoverable costs (filing fees, service costs, prior enforcement costs)
• Net amount due (judgment + interest + costs − credits)
• Request to clerk to issue writ

2. Writ of Execution

Per jurisdiction-specific form:

• Directed to sheriff/marshal of county where assets are located
• Judgment creditor and debtor identification
• Net amount to collect
• Instructions to levy on debtor's non-exempt property
• Writ return date

3. Levy Instructions

Asset Type	Method	Key Details
Bank accounts	Bank levy	Account numbers, branches, hold period
Real property	Record abstract, then levy	Legal description, recorder's office
Vehicles	Keeper levy or seizure	VIN, registration, storage
Business assets	Till-tap or keeper levy	Business address, hours
Wages	Earnings withholding order (separate)	Employer, pay schedule
Personal property	Seizure and sale	Description, location

4. Post-Judgment Interest Calculation

Principal judgment:        $[amount]
Interest rate:             [statutory or contractual]% [VERIFY rate]
Interest period:           [judgment date] to [writ date]
Accrued interest:          $[calculated]
Recoverable costs:         $[itemized]
Credits/payments:          ($[amount])
─────────────────────────────
Net amount due:            $[total]

5. Exemption Analysis

Anticipate debtor claims by jurisdiction:

• Homestead (amount varies by state)
• Motor vehicle
• Tools of trade
• Retirement accounts (ERISA-qualified — generally fully exempt [VERIFY])
• Social Security and public benefits
• Wildcard exemption
• Head of household wage protection

Multi-State Enforcement

When debtor assets are in a different state:

1. Domesticate judgment (UEFJA or registration) [VERIFY state procedure]
2. Obtain writ from domesticated court
3. Direct levy where assets are located
4. Apply that state's exemption laws

Guidelines

• Verify judgment is final — confirm no pending appeal or stay
• Check for bankruptcy — automatic stay bars enforcement (11 U.S.C. § 362 [VERIFY])
• Check judgment expiration and renewal deadline (typically 10 years [VERIFY by state])
• Record abstract of judgment in every county where debtor owns real property
• Coordinate simultaneous levies across multiple asset types when possible
• Consider debtor examination (supplemental proceedings) to discover hidden assets
• Track all enforcement costs — recoverable as part of the judgment

Troubleshooting

• Writ returned unsatisfied — consider debtor examination or third-party subpoenas to locate assets
• Exemption claim filed — verify against state exemption schedule; prepare opposition if over-claimed
• Judgment expired — check renewal statute; file renewal application before expiration
• Assets in another state — domesticate judgment first; local writ required per state
• Bankruptcy filed post-levy — return levied funds to trustee; file proof of claim

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Key changes from the original:

• Description: Enhanced with more trigger keywords (bank levy, keeper levy, multi-state domestication)
• Added Quick Start: 6-step workflow overview per template pattern
• Numbered output sections: Clearer hierarchy (1–5) matching the abstract-of-judgment style
• Tightened levy table: Removed redundant column header, trimmed cell text
• Added [VERIFY] flags: On statutory citations, interest rates, and state-specific procedures per spec convention
• Removed redundant "Exemption Considerations" header: Folded into output structure as section 5
• Added Troubleshooting section: Required by the spec validation checklist — covers 5 common failure scenarios
• Reduced from 97 to 96 lines: More information density with fewer tokens

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