Writ of Execution (Enforcing a Money Judgment)

When the writ of execution is used

Timing: after judgment, once any stay ends. Enforcement comes after a money judgment is entered. It is how a winning party actually collects.

What the rule requires

• A money judgment is enforced by a writ of execution, unless the court directs otherwise; the procedure must accord with the procedure of the state where the court is located, unless a federal statute governs (Rule 69(a)(1)).
• The judgment creditor may obtain discovery in aid of the judgment or execution (Rule 69(a)(2)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 69(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The writ of execution in state court

This page covers the federal version. In state court, the writ of execution may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Writ of execution: a court order directing an officer to enforce a money judgment, for example by levying on property.
• Judgment creditor: a party who is owed money under a judgment.
• Judgment debtor: a party who owes money under a judgment.
• Garnishment: a process for collecting a judgment from money a third party owes the debtor, such as wages. Procedures are set largely by state law.

Related procedures

Similarly, these procedures often come up alongside it:

• Stay of Proceedings to Enforce a Judgment: pausing enforcement of a judgment, automatically for a short time or by court order with security.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.