What is a writ of execution?

A writ of execution is a court order that authorizes a creditor to collect on a debt that is owed to them from a debtor. This is usually done by seizing the debtor’s assets, such as property, bank account funds, or wages, and applying them to repay the debt. In Rhode Island, the writ of execution will only be issued once the court has determined that the creditor is owed the debt and issued a judgment, awarding monetary damages to the creditor. A writ of execution must always be obtained from a court in Rhode Island even if the debtor voluntarily agrees to make payments to the creditor. The writ of execution will inform the sheriff in Rhode Island of the amount owed and the debtor’s assets that can be seized to recover the debt. The writ of execution will also provide specific instructions explaining how and when the sheriff can seize the debtor’s assets. In Rhode Island, a writ of execution must be issued by the same court that issued the judgment against the debtor. The writ of execution will typically be enforceable for up to 5 years from the date of the judgment. Afterwards, if the creditor has not obtained payment from the debtor, they must seek a new writ of execution.

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