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 Tennessee, the execution of judgment is governed by state statutes that outline the process by which a sheriff or constable can enforce a court's judgment by seizing and potentially selling a debtor's property to satisfy a creditor's 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 belonging to the debtor. The seized assets may include personal property, real estate, and other assets that are not exempt under Tennessee law. The sheriff or constable may then sell the non-exempt property at a public auction. The proceeds from the sale are used to pay the judgment creditor, after deducting the costs associated with the sale and any exemption amounts entitled to the debtor. It is important for both creditors and debtors to be aware of the specific exemptions and procedures under Tennessee law, as these can affect the execution process. An attorney can provide guidance on the intricacies of the law and represent the interests of either party in the execution process.