Execution of Judgments

Question 1

Money Judgments - Procedures

Answer 1

File for and receive a writ of fieri facias (FIFA) for money judgments which direct the sheriff to seize and sell the defendant’s property

• At any time within 1 year, the sheriff may seize the property under the writ

Notice of Sale: Must be given in an ad in a local newspaper

• Sale of Movables - Notice must be placed at least 10 days before the sale
• Sale of Immovables -
  
  • Requires two ads
    
    • 1st - must be placed at least 30 days beforesale
    • 2nd - At least 7 days immediately preceding the sale

Property must bring at least 2/3 of its appraised value or there is no sale. It must be readvertised and second action held.

• At second auction, the property may be sold for any price

Question 2

Garnishment

Answer 2

Garnishment is used to seize property that is in the hands of third parties - wages and bank accounts

Garnishment interrogatories must be answered by the garnishee within 15 days pf service

• Failure to timely answer the interrogatorie is prima facie proof that that garnishee has the property or is indebted to the judgment debtor

When the garnishee admits in his answers that he has the debtor’s property or ide indeed to him, the court orders the garnishee to deliver the property or pay the indebtedness to the sheriff when due

If wages are garnished, the first 75% of disposable earnings is exempt from seizure.

Question 3

Non-Money Judgments

Answer 3

Writ of Possession

Directs sheriff to seize property and deliver it to you (evictions)

Writ of Distringas

Under a writ of distringas:

• the sheriff can seize the property,
• the party can be held in contempt, and
• court can issue a judgment for damages sustained by the party

Specific Performance

If the judgment directs a party to perform a specific act and he fails to do so, the court may direct the sheriff or some other party to perform the act at the cost of the disobedient party

Question 4

Foreign Judgments

Answer 4

One can seek recognition of a foreign judgment either by ordinary process or under the Enforcement of Foreign Judgments Act