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 Oklahoma, the execution of judgment is governed by Title 12 of the Oklahoma Statutes, which outlines the civil procedure for enforcing judgments. After a creditor obtains a judgment in court, they may request a writ of execution from the court clerk. This writ authorizes the sheriff or constable to seize assets belonging to the debtor to satisfy the judgment. The sheriff may take control of personal property, garnish wages, or levy bank accounts. If necessary, the sheriff can also sell the debtor's non-exempt property at a public auction. The proceeds from the sale are then used to pay the judgment creditor, after deducting the costs of the execution process. It's important to note that certain types of property and income are exempt from execution under Oklahoma law, such as homestead property, certain personal belongings, and a portion of wages. An attorney can provide specific guidance on the execution process and the exemptions that may apply to a debtor's assets.