Also known as: judgement execution · execution of judgment · execution of judgement · judgment enforcement · writ of execution
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism by which a prevailing party enforces a money judgment. The mechanism operates through issuance of a writ directing seizure and sale of the judgment debtor's assets to satisfy the award. A writ of execution on a partnership judgment must be returned unsatisfied in whole or in part before a creditor may proceed against a personally liable partner's separate property.
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Harvest Foods obtained a money judgment against SafeHarbor Shelters LP. The sheriff levied on the partnership bank accounts and recovered only a fraction of the amount due. After the writ came back unsatisfied for the balance, Harvest moved to attach Grace's personal residence as a general partner. The court permitted the levy because the statutory precondition of an unsatisfied execution on the partnership judgment had been met.
Lena secured a judgment against Apex Capital Partners after an arbitration award. Execution against the partnership accounts produced only partial payment. With the writ returned unsatisfied for the remainder, Lena levied on Maya’s personal assets as a general partner. The unsatisfied return satisfied the statutory gateway allowing collection from the partner’s separate property.
After obtaining a judgment in Maryland, a creditor served a writ of execution on a North Carolina resident who owed money to the judgment debtor. The garnishee paid the attached debt into court. The payment satisfied the Maryland judgment through the mechanism of judgment execution even though the garnishee resided outside the rendering state.
Pennzoil obtained a multi-billion-dollar judgment against Texaco in Texas state court. Texaco posted a supersedeas bond to stay execution while appealing. The bond prevented immediate seizure of Texaco assets under the writ of execution pending final resolution of the appeal.
After a deputy commissioner issued a workers’ compensation order against an employer, the claimant waited thirty days without payment. The claimant then obtained a writ of execution from the district court to seize employer assets. The writ converted the administrative award into an enforceable federal judgment.
A military commission convicted Hamdan and imposed a sentence. While habeas proceedings remained pending, the government refrained from issuing a writ of execution to carry out the punishment. The ongoing litigation blocked enforcement of the judgment until the Supreme Court resolved the jurisdictional challenge.
A creditor may reach the general partner’s assets only after obtaining a judgment against the partnership on the same claim and having a writ of execution on that judgment returned unsatisfied in whole or in part. Additional statutory gateways such as partnership bankruptcy or partner consent also suffice. The unsatisfied execution demonstrates that partnership assets are inadequate.
Supporting sources
…with law." Review of the judgment may be had as in civil suits for damages at common law and the judgment may be enforced by writ of execution. § 18. The Act further provides that if a compensation order is "not in accordance with law," it "may be suspended or set aside, in whole or in part, through injunction proceedings,…
…garnishee appeared, the court, while condemning the credits attached, could not, by the terms of the Maryland statute, issue the writ of execution unless the plaintiff gave bond or sufficient security before the court awarding the
…is itself a war crime, or even necessarily occurred during time of, or in a theater of, war. Any urgent need for imposition or execution of judgment
…the assets and thereby opened the door to execution under the TRIA, respondents sought turnover pursuant to the FSIA’s terrorism
…the publication required by the statute was ordered and made, and judgment by default was entered against Neff. Upon this
No. A judgment against the partnership is not by itself a judgment against any partner. The creditor must satisfy an additional statutory condition, most commonly an unsatisfied writ of execution against partnership assets, before levying on a partner’s separate property.
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The creditor generally cannot proceed against the partner. The statute requires either an unsatisfied writ or another listed exception such as bankruptcy or consent. Available but unencumbered partnership property must ordinarily be pursued first.
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Yes, but only upon a specific finding that partnership assets are clearly insufficient, that exhaustion would be excessively burdensome, or that equitable considerations support immediate recourse to personal assets. The court order itself supplies the statutory gateway.
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