Writs of Execution are never recommended over Garnishment
actions because of the costs involved and the difficulty of carrying out the
order.
In order to obtain a writ of execution, you must first ask the
court clerk to enter the judgment on the district court judgment docket, (the
same as in a garnishment proceeding and there is usually no charge for this
service).
Once the judgment is entered, the court clerk can issue a Writ
of Execution, which you then take to the county Sheriff. The writ of
execution is an order directing the Sheriff to seize certain property of the
debtor and sell it in a manner prescribed by law. The proceeds from
the sale are used to pay the judgment.
The benefits of this approach are that the
Writ of Execution is issued at no charge (unlike a Writ of Garnishment),
assistance of an attorney will probably not be needed, and the cost of
execution (usually around $80 plus mileage) can be recovered.
The drawbacks of this approach are that the
Sheriff needs exact details of the description and location of the property
being seized, a bond double the value of the property taken (usually a minimum
of $5,000) and certain other legal limitations on the kind of property the
Sheriff can take under this procedure. (See Debtor Exemptions
Because of the extra costs involved, garnishment is
almost always recommended over Writ of Execution!
If you've fallen behind on your bills, especially credit cards,
don't panic. You may have several good options available to you. Your success
starts by assessing your current situation and finding a trusted service
provider that is licensed in your state.
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