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writ-of-execution

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.

personAuthor: jakexiaohubgithub
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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

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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