Writ of Executions
Writ of Executions are Orders from Court which allow the Sheriff's Office to collect on a judgment. They must be directed to the Sheriff of the county in which the assets of the debtor are located.
The Writ of Execution document itself is good for the duration of 180 days. Judgments issued from Court are typically good for 10 years. It is the responsibility of the creditor to locate assets of the judgment debtor which can be levied upon. The 2 most common levies are bank levies and wage levies. For any levy, the creditor must thoroughly complete the Writ of Execution Instruction Sheet Opens a New Window. Writ of Execution Instruction Sheet (PDF).
If a creditor wants the Sheriff's Office to conduct a wage levy they must complete the Writ of Execution Instruction Sheet (PDF). The creditor must also endorse the Writ of Execution. This is done by signing the bottom line on the first page of the Writ. The creditor also needs to send an Exemption Notice (PDF) to the debtor, 10 days before the Sheriff's Office can levy on the wages. By law the creditor must also provide the Sheriff's Office with a $15 check written to the employer. This is paid to the employer for their efforts in garnishing the wages. This check will be given to the employer when the wage levy is served by the Sheriff's Deputy. Once these steps are completed in their entirety, you can forward the paperwork to the Civil Division at the Sheriff's Office.
The Civil Division will calculate the amount to be collected. This amount will include the amount of the judgment, the accruing daily interest at the rate indicated on the Writ, a $75 service fee, a 5% Sheriff's Office commission and the $15 the creditor issued to the employer. If the judgment is totally satisfied, the Sheriff's Office will issue a check to the creditor for the amount of the judgment. If the judgment is partially satisfied, the Sheriff's Office will deduct their fees and then forward the remaining money to the creditor. If no funds are collected the creditor will be billed $75 for the Sheriff's services.
Wage Levies are conducted during a 70 day period. After 70 days, the employer will send the money collected to the Sheriff's Office. If the money collected does not satisfy the judgment, the Sheriff's Office will conduct another levy if the creditor chooses to do so. The creditor must provide the Sheriff's Office with another $15 check written to the employer for the next levy to begin.
If a bank levy is preferred, the Creditor must also complete the Writ of Execution Instruction Sheet (PDF). An exemption notice does not need to be served prior to a bank levy. The exemption notice is sent to the debtor after the funds have been held. The creditor must give the Sheriff's Office a $15 check written to the bank. The name on the bank account must be the same as the name on the judgment; otherwise the bank may not honor the levy.