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 Massachusetts, the execution of judgment is governed by state statutes and rules of civil procedure. When a judgment creditor—someone who has won a monetary judgment in a lawsuit—wishes to collect on that judgment, they may request a writ of execution from the court. This writ authorizes a sheriff or constable to seize assets or property belonging to the judgment debtor—the party required to pay the judgment—to satisfy the debt. The seized assets may include wages, bank accounts, or personal property. If personal property is seized, it may be sold at a public auction, and the proceeds are used to pay the creditor. The process must comply with Massachusetts law, which includes providing notice to the debtor, exemptions for certain types of property, and the potential for the debtor to claim exemptions or challenge the execution process. It is important for both creditors and debtors to understand their rights and obligations under Massachusetts law regarding the execution of judgments.