ANSWERS: 1
  • A legal levy is a post-judgment collection procedure authorized by law in which a judgment creditor seeks to attach the property or assets of a debtor defendant in order to obtain satisfaction for his judgment.

    Identification

    Depending on which type of assets a judgment creditor is seeking to encumber, a levy is also commonly referred to as a lien, attachment, garnishment or writ of attachment.

    Types

    A judgment creditor can attach, or "levy," on the personal property, wages or real estate of a judgment debtor.

    Judgment Required

    Before a court will issue a levy for attachment, a plaintiff must first obtain a judgment against a defendant from a court of competent jurisdiction.

    Features

    A levy on a judgment debtor's real property is recorded in the appropriate registry of deeds in the jurisdiction in which the property is located. The levy or lien on real property acts as a cloud on the title of the property, and it must be dissolved or satisfied before the property can be sold or transferred to a third party.

    Execution on Judgment

    In most jurisdictions, after a plaintiff obtains a judgment for money damages, she must then request the court to issue an execution on the judgment, which is the legal process of enforcing a judgment by seizing and selling the debtor's property.

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