JUDICIAL SALE
The transfer of title to and possession of a debtor’s property to another in exchange for a price determined in proceedings that are conducted under a judgment or an order of court by an officer duly appointed and commissioned to do so.
A judicial sale is a method plaintiffs use to enforce a judgment.When a plaintiff wins a judgment against a defendant in civil court, and the defendant does not pay the judgment, the plaintiff can force the sale of the defendant’s property until the judgment is satisfied. The plaintiff forces the sale by filing in court for an execution on property, which is a seizure of property by the court for the purpose of selling the property.
Judicial sales are regulated by state and federal statute. In Alabama, for example, the judi-
cial sale process begins when a judgment remains unpaid ninety days after it is placed on
the record by the court (Ala. Code § 6-9-21
[1995]). The plaintiff must bring an order man-
dating payment of the judgment and court costs
to the county where the defendant’s property is
located. This order is called a writ of execution,
and it is issued by the trial court. A writ of exe-
cution identifies the amount of the judgment,
interest, and court costs that the defendant owes
the plaintiff.
Generally, a writ of execution may be levied
against any real property or PERSONAL PROP-
ERTY of the defendant. The plaintiff must file
the writ of execution with the probate judge in
the county where the defendant’s property is
located. The plaintiff must also give notice of the
execution on the defendant’s property to the
defendant. Once the writ is filed, the plaintiff
has a lien on the defendant’s property. A lien
gives the plaintiff a legally recognized ownership
interest in the defendant’s property, equal to the
amount of the judgment.
Once the plaintiff has obtained a lien on the
defendant’s property, the judicial sale can begin.
The process typically must be carried out within
a fixed time period, such as within ninety days
after the writ of execution is issued. The sheriff ’s
office in the county where the property is
located is responsible for levying, or seizing, the
property and for conducting the sale of the
property.
The sale of real property may take place at the
courthouse. If the property that the plaintiff seeks
is perishable and in danger of waste or decay, the
sale may occur at some other time and place.
A defendant can avoid a judicial sale after a
writ of execution is issued, by paying the judg-
ment, interest, and court costs in full. If the
defendant appeals the judgment to a higher
court, the defendant may postpone the judicial
sale by posting a bond to secure the debt during
the appeals process. If the defendant does not
plan to appeal, and the levying officer is about to
seize personal property, the defendant may be
able to keep the property until the day of sale if
the defendant gives the levying officer a bond
made payable to the plaintiff for a certain
amount, such as twice the amount in the writ of
execution.
Generally, judicial sales are the last resort for
a plaintiff trying to collect on a judgment. A
defendant who owns or possesses valuable prop-
erty is usually able to satisfy a judgment in civil
court by leveraging the property, or using it to
