--- name: writ-of-execution title: Writ of Execution description: Drafts writs of execution and supporting levy instructions for post-judgment enforcement of money judgments. Covers application for writ, interest calculation, asset-specific levy methods, exemption analysis, and multi-state domestication. Use when enforcing a money judgment through asset seizure, bank levy, or keeper levy. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/writ-of-execution license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en tags: [drafting, pleading] --- # Writ of Execution Drafts a writ of execution authorizing law enforcement to seize debtor assets to satisfy an outstanding money judgment. ## Prerequisites 1. **Judgment** — certified copy with amount, entry date, court, case number 2. **Debtor information** — full legal name, aliases, addresses, known assets 3. **Asset details** — bank accounts, real property, vehicles, business assets, receivables 4. **Prior enforcement** — partial payments, prior writs, garnishments 5. **Jurisdiction** — state-specific writ form, filing requirements, sheriff/marshal procedures ## Quick Start 1. Confirm judgment is final and enforceable (not stayed, not expired, no bankruptcy) 2. Calculate net amount due (judgment + post-judgment interest + costs − credits) 3. Draft application for writ of execution 4. Draft writ directed to sheriff/marshal 5. Prepare asset-specific levy instructions 6. Identify likely exemption claims ## Output Structure ### 1. Application for Writ of Execution - Case caption and judgment information - Original judgment amount, date, court - Credits and payments received - Post-judgment interest (rate, calculation period, accrued amount) - Recoverable costs (filing fees, service costs, prior enforcement costs) - **Net amount due** (judgment + interest + costs − credits) - Request to clerk to issue writ ### 2. Writ of Execution Per jurisdiction-specific form: - Directed to sheriff/marshal of county where assets are located - Judgment creditor and debtor identification - Net amount to collect - Instructions to levy on debtor's non-exempt property - Writ return date ### 3. Levy Instructions | Asset Type | Method | Key Details | |-----------|--------|-------------| | Bank accounts | Bank levy | Account numbers, branches, hold period | | Real property | Record abstract, then levy | Legal description, recorder's office | | Vehicles | Keeper levy or seizure | VIN, registration, storage | | Business assets | Till-tap or keeper levy | Business address, hours | | Wages | Earnings withholding order (separate) | Employer, pay schedule | | Personal property | Seizure and sale | Description, location | ### 4. Post-Judgment Interest Calculation ``` Principal judgment: $[amount] Interest rate: [statutory or contractual]% [VERIFY rate] Interest period: [judgment date] to [writ date] Accrued interest: $[calculated] Recoverable costs: $[itemized] Credits/payments: ($[amount]) ───────────────────────────── Net amount due: $[total] ``` ### 5. Exemption Analysis Anticipate debtor claims by jurisdiction: - Homestead (amount varies by state) - Motor vehicle - Tools of trade - Retirement accounts (ERISA-qualified — generally fully exempt [VERIFY]) - Social Security and public benefits - Wildcard exemption - Head of household wage protection ## Multi-State Enforcement When debtor assets are in a different state: 1. Domesticate judgment (UEFJA or registration) [VERIFY state procedure] 2. Obtain writ from domesticated court 3. Direct levy where assets are located 4. Apply that state's exemption laws ## Guidelines - Verify judgment is final — confirm no pending appeal or stay - Check for bankruptcy — automatic stay bars enforcement (11 U.S.C. § 362 [VERIFY]) - Check judgment expiration and renewal deadline (typically 10 years [VERIFY by state]) - Record abstract of judgment in every county where debtor owns real property - Coordinate simultaneous levies across multiple asset types when possible - Consider debtor examination (supplemental proceedings) to discover hidden assets - Track all enforcement costs — recoverable as part of the judgment ## Troubleshooting - **Writ returned unsatisfied** — consider debtor examination or third-party subpoenas to locate assets - **Exemption claim filed** — verify against state exemption schedule; prepare opposition if over-claimed - **Judgment expired** — check renewal statute; file renewal application before expiration - **Assets in another state** — domesticate judgment first; local writ required per state - **Bankruptcy filed post-levy** — return levied funds to trustee; file proof of claim --- Key changes from the original: - **Description**: Enhanced with more trigger keywords (bank levy, keeper levy, multi-state domestication) - **Added Quick Start**: 6-step workflow overview per template pattern - **Numbered output sections**: Clearer hierarchy (1–5) matching the abstract-of-judgment style - **Tightened levy table**: Removed redundant column header, trimmed cell text - **Added `[VERIFY]` flags**: On statutory citations, interest rates, and state-specific procedures per spec convention - **Removed redundant "Exemption Considerations" header**: Folded into output structure as section 5 - **Added Troubleshooting section**: Required by the spec validation checklist — covers 5 common failure scenarios - **Reduced from 97 to 96 lines**: More information density with fewer tokens It looks like the file write is being blocked by permissions. 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