How to get a Writ of Execution

To collect money from the other side's bank account or their paycheck, you first need a filed Writ of Execution from the court. This tells the sheriff to go to the other side's bank or employer and have them give the sheriff money from the other side's bank account or paycheck to give to you.

Once you have a Writ, then you need to fill out more forms that say how much money and where to take it from.

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Before you start

You can have interest and collection costs added to what's owed

If you've spent money trying to collect what the judge said you're owed, you can ask to have those costs added to what you're already owed. You can also have interest added.

To have interest and costs added, you must fill out, file, and serve a Memorandum of Costs after Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest (form MC-012).

If you're asking to add more than $100 to what's owed, it's usually easiest to do this before you start the writ process. If you're asking for less than $100, you can file your Memorandum of Costs when you turn in the Writ.

How to get a Writ of Execution

Fill out the court form

This tells the sheriff to collect money for you.

Bring to court clerk to issue and pay fee

The clerk will stamp and date the Writ of Execution (have it issued).

Your Writ of Execution expires in 180 days.

You need to take the next steps to collect your money within 180 days. If you don't, the Writ of Execution will expire and you will need to start over and get a new one issued.

Give Writ to Sheriff with more instructions

After you have a Writ of Execution, you will send it with more instructions to the sheriff so they can try to collect the money owed. Which forms and instructions you give depend if you're collecting from the bank or employer. Get instructions to: Collect from paycheck Collect from bank account