A “writ” is a legal term describing a document that is issued from the court after a judgment is obtained. The writ is a written command to the sheriff to perform some act involving a person who is subject to the judgment. For example, a successful lawsuit may lead to a judgment for money but it does not lead directly to the payment of the judgment. If the defendant does not voluntarily pay the judgment, the plaintiff must commence enforcement proceedings against the defendant to get the judgment paid. To do this, the plaintiff may issue a writ of seizure and sale. The writ is filed with the sheriff of the county where the defendant resides and empowers the sheriff to enforce the judgment. The plaintiff may direct the sheriff to enforce the judgment by telling the sheriff to attend at the defendant’s bank and seize money in the defendant’s bank account to satisfy the judgment. When filed in the registry office, the writ also acts as a lien against land owned by the defendant in the county and empowers the sheriff to sell the land when requested by the plaintiff.
If the defendant has defaulted under a mortgage, and power of sale proceedings have commenced by the mortgage company, the power of sale proceedings often ask for a writ of possession. When the writ of possession is filed with the sheriff of the county where the defendant resides and owns property, the writ empowers the sheriff to evict the defendant from his or her home and to take possession of the property on behalf of the mortgage company. The mortgage company may then sell the property and give the purchaser vacant possession, which is a requirement for most residential sales.
Another writ you may come across is a writ of delivery. This writ empowers the sheriff to seize personal property in a person’s home and deliver it to the plaintiff. The writ is used, for example, by companies who sell furniture or appliance on a lay-away plan. The company actually owns the furniture or appliance until all payments have been made. If the homeowner defaults on the monthly payments, the company sues, and a judgment is entered against the homeowner. The sheriff may then attend at the home, by virtue of the writ of delivery, to remove the personal property. The writ is often accompanied by an order that the sheriff may use force to enter the home where there is reasonable and probable grounds to believe that the property is inside.