Execution of Decrees for Payment of Money Flashcards
What are Masters and Receivers?
Masters and Receivers are individuals appointed by the court to assist in preparing or implementing decrees. The parties pay for them if appointed. Masters handle pending litigation and Receivers handle property. For example, in SC we have Masters in Equity that handle litigation matters (usually those related to foreclosures and other property matters).
A Master might be appointed to a case to gather information and prepare a plan.
A Receiver might be appointed to manage or transfer property. Both could be appointed in a single case (the BHA case).
What is a Writ of Assistance?
A Plaintiff’s request for an Order of Compliance. Filed to compel performance of a judgment.
Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), the court may “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”
A Writ of Assistance enables the court to enlist the services of the sheriff or marshal as a supplement to the court’s contempt powers.
What is a Writ of Sequestration?
“When all else fails.”
If jailing a Δ for contempt was impractical or ineffective, the court could seize the Δ’s assets and hold them in order to coerce compliance with the decree.
