Dormant Execution Law and Legal Definition

Dormant execution is an execution which has lost its priority because of delay in making any levy under it.

The following is an example of a case law explaining dormant execution:

“Where an act of revival brings into being an execution on a levy that has become dormant, the revival is in the nature of a recreation and dates from the act of revival. A dormant execution may still be, as between parties, a lien, and the judgment may be satisfied on sale of the property, yet as against another whose rights have in the meantime intervened and become vested there can be no retrocession of legal rights.” [In re Zeis, 229 F. 472, 474 (D.N.Y. 1916)]