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 Maryland, the execution of judgment is governed by state statutes and rules that outline the process for enforcing a court judgment. Once a creditor obtains a judgment against a debtor, they can request a writ of execution from the court. This writ authorizes the sheriff or constable to seize the debtor's property to satisfy the judgment. The property may include personal property, real estate, or wages. Before property can be seized, the creditor must typically file a request with the court and may need to provide information about the debtor's assets. The sheriff or constable then proceeds to levy the debtor's property, which may involve holding a public auction to sell the seized assets. The proceeds from the sale are used to pay the judgment creditor, after deducting the costs of the execution process. It's important for both creditors and debtors to be aware of the specific procedures and exemptions under Maryland law, as certain types of property may be protected from seizure. An attorney can provide guidance on the execution process and help protect the rights of the parties involved.