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 New Jersey, the execution of a judgment is a legal process that allows a judgment creditor to enforce a court's decision to recover money or property from a judgment debtor. This process is initiated by the creditor obtaining a writ of execution from the court, which is then delivered to the sheriff or constable. The writ of execution authorizes the sheriff or constable to seize assets belonging to the debtor, such as personal property, bank accounts, or real estate, to satisfy the judgment. The seized assets may be sold at a sheriff's sale, with the proceeds going to the creditor to fulfill the debt. The specific procedures for execution of judgments, including exemptions that protect certain property of the debtor from seizure, are governed by New Jersey state statutes and rules of court. It is important for both creditors and debtors to be aware of these regulations to understand their rights and obligations during the execution process.