Execution on Money Judgment

With an Execution on Money Judgment, the court has decided the Plaintiff is due monies by the defendant and the Execution allows the attorney/plaintiff to ask the Essex County Sheriff’s Department to enforce the execution.

The staff and deputies at the Essex County Sheriff’s Department have years of experience enforcing court judgments. As a law enforcement agency, we are able to access sophisticated databases and can assist attorneys and plaintiffs with asset searches and seizures. Our professional and trained deputies are available to discuss executions with you and explain the options for enforcing an execution through the Essex County Sheriff’s office.

There are three options to enforce and Execution on Money Judgement (see below for items required for each option):

  1. Demand Letter
    1. A Demand on Execution involves serving a copy of the Execution along with a letter requesting the defendant to pay the judgment amount, including fees and interest.

      Once served, the defendant has 14 days (for individuals) or 30 days (for commercial businesses) to contact our office and arrange payment. If the defendant pays in full, we send a check to the attorney/plaintiff for the amount of the judgment plus interest.

      If the defendant does not respond or pay, the original Execution is returned to the attorney/plaintiff with a copy of the Demand letter and proof of service.

  2. Levy on Personal Property (asset seizure)
    1. When a Levy on Personal Property is requested, the Execution empowers Deputy Sheriffs to seize the personal property of the defendant. In many cases this property is a motor vehicle or piece of equipment belonging to the defendant. The line of ownership must be clear, and the defendant listed on the ‘Execution’ must exactly reflect the ownership of the personal property. In the case of a motor vehicle the name on the Title must match the name on the defendant of the Execution

      Due to certain complexities of the seizure process, please contact the Essex County Sheriff’s Department to discuss various options (978) 750 1900 Ext. 3590

  3. Levy on Real Estate
    1. Levy and Suspend:
      1. A Levy and Suspend involves recording the Execution on Money Judgment along with a description of the defendant’s real estate. The recording at the Essex County Registry of Deeds places a Levy onto the property to ensure payment of the debt at the time of refinancing or property sale.
    2. Levy and Sale:
      1. The Levy and Sale process is similar to Levy and Suspend up until the Levy is recorded. After that, instead of suspending proceedings, the process continues to the Sheriff’s Sale of the property. Notices are sent to the defendant and any lien holders, as indicated by the attorney/plaintiff. These notices are posted at the town/city hall where the property is located and in two adjoining towns. The sale is also advertised in a newspaper that circulates in the same city/town of the property for three consecutive weeks, at least 21 days before the sale. Sheriff’s Sales can be postponed week-to-week at the request of the attorney/plaintiff or by the Sheriff’s Department for good cause. They can also be canceled. If the sale goes forward, the winning bidder buys the property subject to any existing liens and must pay in full to the Sheriff’s Department within a set time. Once full payment is received, the bidder gets a Sheriff’s Deed to record, and a Sheriff’s Return is provided with all relevant details. The costs and fees of the sale are added to the total sale price.

Due to certain complexities of the sale process, please contact the Essex County Sheriff’s Department to discuss (978) 750 1900 Ext. 3590

Items required for:

Demand Letter

  • Cover letter with service address
  • Original Execution on Money Judgement

Levy on Personal Property (asset Seizure)

  • Cover letter stating what you would like seized
  • Indemnification letter
  • UCC Filings (business seizure)
  • Year, make, model, VIN, and registration number (vehicle)
  • Check made payable to the Essex County Sheriff’s Department for $300.00

Levy on Real Estate (suspend & sale)

  • Cover letter stating if you would like it to be recorded in Recorded Land or Registered Land
    • If a prior attachment has been made on this property, please note the date of attachment
  • Original Execution on Money Judgement
  • Copy of the deed (name on execution and deed must match)
  • Hold Harmless letter (only if the names don’t match exactly)
  • Check for the recording fee, made payable to the REGISTRY OF DEEDS for $105.00

Sample Discharge Form