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 Utah, the execution of judgment is governed by the Utah Rules of Civil Procedure and relevant state statutes. When a judgment creditor wishes to enforce a judgment for the collection of money, they may request a writ of execution from the court. This writ authorizes a sheriff or constable to seize assets belonging to the judgment debtor. The assets may include personal property, real estate, or wages. The seized assets are either delivered directly to the judgment creditor if they are money or sold at public auction if they are property, with the proceeds going to satisfy the judgment. The process is designed to ensure that the judgment creditor can recover the amount awarded by the court while also providing certain protections to the judgment debtor, such as exemption limits on personal property and homesteads. It is important for both creditors and debtors to understand their rights and obligations under Utah law during the execution process.