Alan wins a $50,000 judgment against Henderson. But Henderson refuses to pay the amount of the judgment to Alan. To counter Henderson, Alan obtained a postjudgment writ from the court whereby the court directs the town sheriff to seize Henderson's automobile and other property and have them publicly auctioned off to satisfy the judgment he owes Alan. Which of the following writs did Alan motion the court to seize Henderson's property?
A) writ of attachment
B) writ of garnishment
C) writ of execution
D) writ of exigent

Respuesta :

Answer:

C) writ of execution

Explanation:

Writ of execution is a judicial order that a judgement be enforced.

Answer:

The answer is B, a writ to garnishment.

Explanation:

A writ of garnishment is a type of order issued by a court of law ordering a sheriff or any other law enforcement agency to seize the property of a debtor of the law or an individual who has been found guilty by the court of law and yet refuse to satisfy the judgement pronounced. This asset of the individual is auctioned or sold as the case my be and then the proceed from the auction is used for the purpose of justifying the pronounced judgement. This kind of writ is mostly utilized in circumstances that involve monetary litigation as  illustrated in the narrative of the question.

It should also be noted that an attempt can be made to stop the writ of  garnishments by declaring bankruptcy.