Execution Against Property

Execution Against Property

What is execution? Execution is a court procedure allowing a court officer to seize property belonging to the defendant which can be sold to pay for your judgment. If you want to file an execution against property, you may use form MC 19, Execution Against Property.
 
How do I get an execution against property? To get an execution against property, you will first need to know where the defendant lives and works, what assets s/he has and where these assets are located, and any other information which identifies the defendant and his/her property.
 
If you have the information described above, you can start the process for an execution against property.
 
If you don�t have the information described above, you will need to order the defendant to appear in court for questioning through a process called discovery. You can start this process by filing a discovery subpoena.
 
Filing an execution against property. You must wait 21 days after your small claims judgment was signed before you can get an execution against property. Form MC 19, Execution Against Property, is used to start the process. Complete the Request and Verification portion of form MC 19 and file it with the court. The filing fee varies. The court will issue the writ (order) by signing the form, and it will be executed by a sheriff or court officer.
 
When do I get my money from an execution against property? Any property that is seized will be sold and the money given to you. The sheriff or court officer is entitled to fees which will be deducted from the sale of the property.