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 Michigan, the execution of judgment is governed by state statutes and rules of civil procedure. When a judgment creditor wishes to enforce a monetary judgment, they may request a writ of execution from the court that issued the judgment. This writ authorizes a sheriff or court officer to seize assets or property belonging to the judgment debtor to satisfy the debt. The officer may levy bank accounts, garnish wages, or seize and sell personal or real property belonging to the debtor. The proceeds from the sale are then used to pay the judgment creditor. The process is subject to various exemptions and protections for the judgment debtor, including exemption limits on personal property, wages, and certain types of retirement accounts. It is important for judgment creditors to follow the proper legal procedures and for judgment debtors to be aware of their rights and any applicable exemptions under Michigan law.