Execution of Judgment Law and Legal Definition

The execution of judgment is the act of getting an officer of the court to take possession of the property of a losing party in a lawsuit, called the judgment debtor, on behalf of the winner, called the judgment creditor, sell it and use the proceeds to pay the judgment. The judgment creditor takes the judgment to the clerk of the court and requests to have a writ of execution issued which is taken to the sheriff, marshal, constable or other authorized official with instructions to seize property to execute upon. In the case of real property the official must first place a lien on the title, and then execute upon it (seize it). However, the judgment debtor may pay the judgment and costs before sale to redeem real estate.