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A warrant of execution is a form of writ of execution used in the County Court in England and Wales (only). It is a method of enforcing judgments and empowers a County Court bailiff to attend a judgment debtor ’s (hereafter, debtor) address to take goods for sale.
(ii) such immovable property shall have been declared to be specially executable by the court or, in the case of a judgment granted in terms of rule 31(5), by the registrar: Provided that, where the property sought to be attached is the primary residence of the judgment debtor, no writ shall issue unless the court, having considered all the ...
In the case of immovable property, the warrant of execution must be delivered to the sheriff of the district in which the immovable property is situated. The sheriff effects the attachment by serving the notice of attachment and the warrant of execution on the owner of the property; the registrar of deeds;
When a creditor has taken judgment against a debtor who has failed to comply, the creditor may enforce the judgment by applying for a writ of execution. The writ serves as a warrant which authorises the sheriff to attach the debtor's movable or immovable property, which creates a real security right in favour of the creditor.
A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, that permits an otherwise illegal act that would violate individual rights in order to enforce the law and aid in investigations; affording the person executing the writ protection from damages if the act is performed.
Marcus v. Search Warrant, 367 U.S. 717 (1961), full title Marcus v. Search Warrant of Property at 104 East Tenth Street, Kansas City, Missouri. An unusual in rem case heard by the Supreme Court where the named object was not the seized property but the warrant under which it was seized. Since all the government agents involved were indisputably ...
The applicants, Maggie Jaftha and Christina van Rooyen, were unemployed residents of Prince Albert, a small town in the Little Karoo.Each had defaulted on a debt – Jaftha on a loan of R250 taken out in 1998, and Schoeman on a loan of approximately R190 taken out in 1995 – and had lost their homes on 17 August 2001, when each property was separately sold in execution for amounts of R5,000 ...
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. [1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor.