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 Georgia, the execution of judgment is governed by state statutes and involves the enforcement of a court's decision where a judgment creditor is owed money by a judgment debtor. After a creditor obtains a judgment in court, they can request a writ of execution from the court. This writ authorizes the sheriff or constable to seize and either take possession of or sell the debtor's property to satisfy the judgment. The seized assets are then used to pay the judgment creditor the amount owed. The process is typically handled by the county sheriff's department, and the specific procedures can vary by county. It is important for both creditors and debtors to be aware of their rights and obligations under Georgia law during this process. Debtors have certain exemptions that protect some of their property from seizure, and there are legal procedures that must be followed to ensure the execution of judgment is carried out lawfully.