What Is a Writ of Execution?
A writ of execution is a court order authorizing the enforcement of a money judgment by seizing the debtor's property. After a creditor wins a judgment and the debtor does not pay, the writ directs the sheriff to levy on the debtor's non-exempt assets so they can be sold and the proceeds applied to the debt. It turns a paper judgment into actual collection.
How It Works in Florida
- The judgment creditor obtains the writ from the clerk under Chapter 56, Florida Statutes
- The sheriff levies on the debtor's non-exempt real or personal property
- The property is sold at a sheriff's sale, and proceeds pay the judgment, costs, and senior liens
- Any surplus is returned to the debtor
Exemptions Limit What Can Be Taken
Florida law protects significant property from execution. The homestead exemption shields a primary residence from most creditors, and other exemptions cover certain wages, retirement accounts, and personal property. A writ of execution also does not erase superior liens — the buyer at the sale takes the property subject to senior mortgages, so due diligence matters before bidding.
Related Terms
- Sheriff's Sale — Where levied property is sold
- Judgment — The debt a writ of execution enforces
- Homestead Protection — Shields a residence from execution
Barnes Walker
Barnes Walker's attorneys handle judgment enforcement, execution, and exemptions for Florida creditors and debtors. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 56
Governs execution on judgments in Florida — issuance of the writ, levy by the sheriff, sale of non-exempt property, and application of proceeds.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC