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 Minnesota, the execution of judgment is governed by state statutes that outline the process by which a sheriff or constable can enforce a court judgment. After a creditor obtains a judgment in court, they may request a writ of execution from the court. This writ authorizes the sheriff or constable to seize assets or property belonging to the debtor to satisfy the judgment. The seized assets may include wages, bank accounts, personal property, or real estate. The sheriff's sale is a public auction where seized property is sold to the highest bidder, and the proceeds are used to pay the judgment creditor. The debtor has certain exemptions and rights under Minnesota law, which may protect some of their property from seizure. Additionally, there are specific procedures and notices that must be followed to ensure the execution process is lawful and fair.