ExecutionGeneral Provisions
Section § 699.010
This law explains that when you need to collect money from someone due to a court decision, the process is usually guided by specific rules called a writ of execution, unless another law says differently.
Section § 699.020
If someone owes money to a person who has a judgment against them, they can pay the debt to an officer in charge of collecting the judgment. The officer will give them a receipt showing the debt amount paid, and this payment will be considered accepted and finalized for the paid amount.
Section § 699.030
This law explains what happens when someone who's owed money (a judgment creditor) wants to take personal items from a debtor (the person who owes money) that are inside the debtor’s private space. First, the officer in charge must ask the debtor to hand over the items and tell them they might have to pay extra costs if the officer has to come back again. If the debtor refuses, the officer stops trying and informs the creditor. Then, the creditor can ask the court for permission to forcefully take the items. The court will only allow this if there's good reason to believe the items are there. Even with permission, the officer must clearly identify themselves and their purpose. If the items aren't given over, they can break into the property carefully. However, if this poses a serious danger to anyone, the officer avoids entry and reports back to the court, which will decide what to do next.
Section § 699.040
This law explains the process a judgment creditor can follow to get a court order requiring a person who owes them money (the judgment debtor) to hand over property or documents that prove ownership of property or debts. This is part of enforcing a court decision when someone owes money. The creditor can ask for this order either without the other party present or with notice, depending on the court's rules. The court can grant this order if there's a good reason, and the debtor will be informed that not following the order could lead to arrest or other penalties.
Section § 699.060
This law explains when and how a levying officer must release property that has been seized to satisfy a debt. The property is released when the creditor or their lawyer gives written instructions, or a court order mandates it. Once released, any lien on that property is canceled. If the property has been physically taken, it's given back to the original owner, unless a court says otherwise. If the owner doesn’t collect their property within 30 days of being notified, it can be sold. Proceeds from a sale, minus costs, go to a county fund if unclaimed for five years. If the property wasn’t taken but a notice of levy was recorded, the officer issues a release where the notice was filed. Officers aren't liable for releasing property correctly, and directions to release can be sent electronically.
Section § 699.070
This law allows the court to appoint a receiver or direct an officer to take actions needed to prevent certain property from losing value if it’s likely to get damaged or decrease in value quickly. This can include selling the property, and it can be requested by the person who is owed money, the person who owes money, or someone else with a legal interest in the property. If time is tight, the officer can act without waiting for the court. Any actions the officer takes to protect the property from quickly losing value are made in good faith and won’t result in liability. If the property is sold, it should happen using specific legal procedures, and the funds from the sale go toward paying off the debt. If a receiver is appointed, they are paid a daily fee set by the court, and their expenses can be covered by the property sale proceeds or advanced by the creditor. Specific rules outline what a receiver can and cannot do.
Section § 699.080
This law explains how a registered process server can enforce a court judgment by seizing different types of property from someone who owes money, called a judgment debtor. It lists various properties that can be claimed, such as real estate, personal items, and bank accounts. Before taking these actions, the process server must follow certain steps, including depositing a copy of the legal paperwork with a levying officer and paying a fee. The process server has specific requirements for notifying others involved, and if these aren't met, the attempt to seize property won't work. Finally, the cost of the process server's services can be added to the debtor's bill.
Section § 699.090
If someone tries to take a debtor's property because they think it belongs to them, based on official registration records, they won't get in trouble if the records turn out to be wrong. As long as the creditor acted in good faith based on what they believed from those records, they are not responsible for any problems caused by seizing the property.