What is a writ of execution used to do?

Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

What is a writ of execution used to do?

Explanation:
A writ of execution is the post-judgment tool used to enforce a money judgment by directing the sheriff to seize the debtor’s property and sell it to satisfy the amount owed. After a plaintiff wins a money judgment, they can obtain this writ from the court, and the sheriff then levy on the debtor’s non-exempt assets and conduct a sale. The proceeds go to satisfy the judgment, along with any court costs and interest. This remedy is specifically about collecting on money judgments, not about compelling testimony (that’s done by subpoenas or deposition orders), not about dismissing a case, and not about issuing an injunction. Some property may be protected by exemptions, so not everything the debtor owns can be seized.

A writ of execution is the post-judgment tool used to enforce a money judgment by directing the sheriff to seize the debtor’s property and sell it to satisfy the amount owed. After a plaintiff wins a money judgment, they can obtain this writ from the court, and the sheriff then levy on the debtor’s non-exempt assets and conduct a sale. The proceeds go to satisfy the judgment, along with any court costs and interest.

This remedy is specifically about collecting on money judgments, not about compelling testimony (that’s done by subpoenas or deposition orders), not about dismissing a case, and not about issuing an injunction. Some property may be protected by exemptions, so not everything the debtor owns can be seized.

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