Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.

In Alabama, the execution of judgment is governed by the Alabama Rules of Civil Procedure and relevant state statutes. When a judgment creditor— the party who won a lawsuit—wishes to collect on a monetary judgment, they may request a writ of execution from the court. This writ authorizes the sheriff or constable to seize assets belonging to the judgment debtor—the party who owes money as a result of losing the lawsuit. The seized assets can include personal property, real estate, and other assets that are not exempt under Alabama law. The sheriff or constable may then sell the property at a public auction and use the proceeds to satisfy the judgment debt. Certain property is exempt from seizure, such as a homestead exemption for a personal residence, and other personal property up to a specific value. It is important for judgment creditors and debtors to be aware of these exemptions and the proper legal procedures to ensure that the execution of judgment is carried out lawfully.