Enforcement of Nonmoney JudgmentsJudgment for Sale of Property
Section § 716.010
This law explains how a court order for the sale of someone's property, either real estate or personal items, is carried out. It requires a document called a writ of sale, which should detail the property to be sold and must be accompanied by a certified copy of the judgment. This writ is given to a levying officer, who is responsible for carrying out the sale.
Section § 716.020
This law explains the steps a levying officer must take to carry out a writ of sale. First, they need to seize the property mentioned in the writ using specific procedures for such actions. Next, unless the court says otherwise, they must notify the sale and conduct it according to certain rules. Finally, the money from selling the property should be used as directed by the court's judgment.
Section § 716.030
This law explains that if a writ of sale is issued during a legal proceeding, the person owed money (judgment creditor) can ask the court to make the person who owes money (judgment debtor) give certain things to a law enforcement officer. These things include either the physical property that will be sold or any documents proving ownership of that property. Such an order can only be issued if there's a demonstrated need. The judgment debtor must be personally given the order, and the order must warn them that not following it could lead to being punished by the court, possibly by being held in contempt.