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 Pennsylvania, the execution of judgment is governed by state law, which outlines the procedures for a sheriff or constable to enforce a court judgment by seizing and potentially selling a debtor's property. This process is initiated when a judgment creditor—the party to whom money is owed—obtains a writ of execution from the court. The writ of execution is a legal order that authorizes the sheriff or constable to take possession of the debtor's assets. These assets may include personal property, real estate, and other types of property that can be sold to satisfy the debt. The sheriff or constable is responsible for carrying out the sale, often through a public auction, and distributing the proceeds to the judgment creditor to fulfill the debt. It is important for both creditors and debtors to understand their rights and obligations under Pennsylvania law during this process, and an attorney can provide specific guidance based on the circumstances of the case.