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 Wisconsin, the execution of judgment is governed by state statutes that outline the process by which a sheriff or constable can enforce a court judgment by seizing and potentially selling a debtor's property to satisfy a creditor's claim. This process is initiated by the creditor obtaining a writ of execution from the court, which is a legal order authorizing the seizure of assets. The writ directs law enforcement to take possession of the debtor's property, which can include wages, bank accounts, and personal property. The sheriff or constable then proceeds to execute the writ by locating and taking control of the debtor's assets. If the assets are to be sold, the sale is typically conducted through a public auction. The proceeds from the sale, after deducting the costs of the execution process, are used to pay the judgment creditor. Wisconsin law provides specific procedures and exemptions that protect certain property from seizure, ensuring that debtors are not left completely destitute. It is important for both creditors and debtors to understand their rights and obligations under Wisconsin's execution of judgment laws.