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 York, the execution of a judgment is governed by the Civil Practice Law and Rules (CPLR). After a creditor obtains a judgment in court, they can enforce the judgment by asking the court to issue a writ of execution. This writ authorizes a sheriff or a marshal to seize the debtor's property to satisfy the judgment. The property can include personal property, real estate, or money from bank accounts. The sheriff or marshal may sell the seized property at a public auction and use the proceeds to pay the creditor. Certain property is exempt from seizure, such as necessary clothing, furniture, and tools of the trade. Additionally, there are limits on the amount that can be taken from a debtor's salary or bank account. The process must follow specific procedures to protect the rights of both the creditor and the debtor. If the debtor believes their property has been wrongfully seized, they may challenge the execution through the courts.