Writ of execution: Form on judgment for money. A writ of execution issued on a judgment for the recovery of money must be substantially in the following form:
(Title of the Court)
(Number and abbreviated title of the case)
EXECUTION
To the sheriff of ................................ County.
Greetings:
On ......(month)......(day)......(year), a judgment was entered by the above-entitled court in the above-entitled action in favor of ........................ as judgment creditor and against ....................... as judgment debtor for:
$................ principal,
$................ attorney’s fees,
$................ interest, and
$................ costs, making a total amount of
$................ the judgment as entered, and
WHEREAS, according to an affidavit or a memorandum of costs after judgment, or both, filed herein, it appears that further sums have accrued since the entry of judgment, to wit:
$................ accrued interest, and
$................ accrued costs, together with $........ fee, for the issuance of this writ, making a total of
$................ as accrued costs, accrued interest and fees.
Credit must be given for payments and partial satisfactions in the amount of
$................
which is to be first credited against the total accrued costs and accrued interest, with any excess credited against the judgment as entered, leaving a net balance of
$................
actually due on the date of the issuance of this writ, of which
$................
bears interest at ........ percent per annum, in the amount of $........ per day, from the date of judgment to the date of levy, to which must be added the commissions and costs of the officer executing this writ.
NOW, THEREFORE, SHERIFF OF ........................................ COUNTY, you are hereby commanded to satisfy this judgment with interest and costs as provided by law, out of the personal property of the judgment debtor, except that for any pay period, 75 percent of the disposable earnings of the debtor during this period or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ, and if sufficient personal property cannot be found, then out of the real property belonging to the debtor in the aforesaid county, and make return to this writ within not less than 10 days nor more than 60 days endorsed thereon with what you have done.
Dated: This .......... day of the month of .......... of the year ..........
........................., Clerk.
By........................., Deputy Clerk.
Last modified: February 26, 2006