EXECUTION
The carrying out of some act or course of conduct
to its completion. In CRIMINAL LAW, the carrying
out of a death sentence.
The process whereby an official, usually a
sheriff, is directed by an appropriate judicial writ
to seize and sell as much of a debtor’s nonexempt
property as is necessary to satisfy a court’s mone-
tary judgment.
With respect to contracts, the performance of
all acts necessary to render a contract complete as
an instrument, which conveys the concept that
nothing remains to be done to make a complete
and effective contract.
With regard to seizures of property, execu-
tions are authorized in any action or proceeding
in which a monetary judgment is recoverable
and in any other action or proceeding when
authorized by statute. For example, the victim of
a motor vehicle accident may institute a civil
lawsuit seeking damages from another party. If
the plaintiff wins the lawsuit and is awarded
money from the defendant as a part of the ver-
dict, the court may authorize an execution
process to pay the debt to the plaintiff.
Ordinarily, execution is achieved through a
legal device known as a writ of execution. The
writ serves as proof of the property owed by the
defendant, who is called the JUDGMENT
DEBTOR, to the plaintiff, or JUDGMENT CREDI-
TOR. The writ of execution commands an officer
of the court, usually a sheriff, to take the prop-
erty of the debtor to satisfy the debt. Ordinarily,
a writ of execution cannot be issued until after
an appropriate court issues a judgment or
decree determining the rights and liabilities of
the parties involved.
Any type of PERSONAL PROPERTY is subject
to seizure under an execution, provided existing
laws do not prescribe specific exemptions. Such
property may include jewelry, money, and
stocks. In most states, real property, including
land, is also subject to execution. INTELLECTUAL
PROPERTY, which includes PATENTS, copyrights,
and TRADEMARKS, is generally immune to exe-
