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 Delaware, the execution of judgment is governed by state statutes and rules of civil procedure. When a judgment creditor seeks to enforce a monetary judgment, they may request a writ of execution from the court. This writ authorizes the sheriff or constable to seize and take control of the judgment debtor's property to satisfy the debt. The seized property may be sold at a public auction, and the proceeds are used to pay the judgment creditor. The process is initiated after the judgment has been entered and the creditor has demonstrated that the debtor has not voluntarily satisfied the judgment. The specific procedures, exemptions, and timelines for execution of judgment in Delaware are detailed in the Delaware Code and the rules that govern civil procedure in the state courts. It is important for judgment creditors to follow these legal requirements closely to ensure that the execution is valid and to avoid any claims of improper execution.