Also known as:execution lien · judgment lien · writ of execution lien
Written by attorneys — see sources below.
A lien on specific property of a judgment debtor created when the creditor obtains a writ of execution and the sheriff or other officer levies on the assets to satisfy the judgment.
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Cases
Restatements
How its tested
Common Examples
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Payment Prevents Execution Levy
Eva Espinosa paid the full balance on a mortgage securing property owned by Everest Holdings after a judgment creditor obtained a writ of execution. The payment stopped the sheriff from levying on the assets. No execution lien attached, and Everest Holdings retained the property free of the threatened lien.
Judgment Enforcement Creates Lien
Ethan Evans obtained a money judgment against Elite Dynamics. He secured a writ of execution and the sheriff levied on the company's equipment. The levy attached an execution lien to the specific assets, allowing sale to satisfy the judgment.
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Practice Questions5
AEG Liquidation Trust v. Toobro N.Y. LLC252 B.R. 404 (Bankr. S.D.N.Y. 2000)
How does an execution lien differ from a judgment lien?
A judgment lien attaches automatically to real property upon proper recording of the judgment. An execution lien arises only after the creditor obtains a writ and the officer levies on identified personal or real property.
What property can an execution lien reach?
The lien reaches only the specific assets identified and levied upon under the writ. It does not automatically extend to all of the debtor's property.
Real PropertyOwnership of real property · Special problemsUBEFoundational