How is a decree executed?

How is a decree executed?

A decree can be executed by various modes which include delivery of possession, arrest, and detention of the judgment-debtor, attachment of the property, by sale, by appointment of receiver, partition, cross-decrees, and cross-claims, payment of money etc.

Who is a decree holder?

Decree-holder. Details. “decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made.

What is order and decree?

1. Section 2(14) of the CPC defines “Order” 2. “Decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.

What is a property execution?

The purpose or function of the property execution is to satisfy a judgment by the seizing of property. In most cases the judgment will be for the payment of money, The Sheriff will either seize cash, personal property or real property or conduct a public auction to convert the property to cash.

Can the sheriff take your stuff?

The Sheriff can “seize” property without taking it immediately. The Sheriff may attach a “Notice of Seizure” to any of your goods. If this happens the Sheriff will give you a “Notice to Custodian” listing the seized goods. You must not sell or give these goods away.

What happens after a writ of execution is served?

Once the writ of execution is served on the sheriff, the sheriff must timely levy on (take possession of) the debtor’s property located in that county. Once the sheriff levies on the debtor’s real property, the sheriff has the authority to sell the property.

How much does a writ of execution cost?

There is no filing fee but you need to pay the court the sheriff’s execution fee of $89.00 (as at ). The sheriff also charges a levy which is 3% of the money made from auctioning the seized goods.

How long does writ of execution last?

180 days

Is a bank garnishment a one time thing?

A non-periodic garnishment is a one-time garnishment. It’s usually applied to your bank account or state tax refund. If a one-time garnishment is not enough to pay off what you owe, the creditor may get another garnishment.