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Writ of Execution

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To obtain a writ of execution, you must file an “Affidavit and Request for Issuance of Writ of Execution.” Attorneys must do so electronically using the Court's CM/ECF System. If you are not represented by an attorney, you must file your documents in paper unless you were granted permission to file documents electronically in your case. Step-by-step Instructions on how to obtain a writ of execution and some Frequently Asked Questions about the process are set forth below:

Preparing Your Request for a Writ of Execution

After reading the following guidelines, please review the PDF attached below, which includes sample documents to help you prepare your request.

To obtain a Writ of Execution, follow these steps:

  1. Complete form CV-24, “Affidavit and Request for Issuance of Writ of Execution.”
  2. Complete form CV-23, “Writ of Execution.”
  3. Each form must be filled out as set forth below:
    1. You must provide the date the judgment was “entered” on the docket. Be careful not to confuse the date the judgment was “filed” with the date it was “entered.” Read the text of the docket entry for the judgment to make sure you are using the correct date.
    2. If the judgment was originally entered in another district and then registered in the Central District, use the date that the judgment was entered in the Central District, not the date it was entered in the district of origin.
    3. The name of each judgment debtor must be listed in its entirety, exactly how it appears within the judgment.
    4. Any line referencing a monetary amount must be filled in with either a $0 or the amount specified in the judgment; no lines can be left blank.
    5. The name and address of each judgment debtor must be listed on page three of the writ of execution.
    6. The signature line and date on page two of the Writ of Execution must be left blank for the clerk’s signature.

Filing Your Request

After preparing Forms CV-23 and CV-24, pro se parties who have not been granted leave to e-file must file the forms in paper according to normal filing procedures. Everyone else must file the forms electronically as set forth below:

  1. The completed Form CV-24 (Affidavit and Request for Issuance of Writ of Execution) must be e-filed as the lead document using the “Affidavit and Request for Issuance of Writ of Execution” event.
    1. This event is located in Civil Other Filings Miscellaneous Filings.
    2. Upload Form CV-24 Affidavit as the main document when you arrive at the attachment screen.
  2. The completed Form CV-23 Writ of Execution must be submitted as an attachment to the CV-24 Affidavit.
    1. When uploading the CV-24 Affidavit as the main document, go to the attachment section below and upload the proposed CV-23 Writ of Execution.
    2. In the description field, type in “Writ of Execution.”
  3. When prompted, link the document to the judgment.
  4. After the filing is complete, the clerk will review the Affidavit and proposed Writ accordingly.
    1. If any errors were made when submitting the Affidavit or Writ, the clerk will issue a deficiency notice citing these errors. If this occurs, you must make the necessary corrections and resubmit both the Affidavit and Writ.
    2. If both the Affidavit and Writ are accurate, the clerk will issue the Writ by affixing a digital signature and digital court seal.
    3. The issued Writ will be entered on the docket and will be served electronically to registered CM/ECF Users. Attorneys and pro se parties who are not registered for CM/ECF will be served by U.S. Mail.
    4. Upon receipt of the Notice of Electronic Filing, the writ can be printed and taken to the U.S. Marshal for service.
Attachments: 

 

Frequently Asked Questions

  • If I’m an attorney and do not want to electronically file my Affidavit and Writ, can I bring the documents to the Clerk’s Office to be issued?

    No, these documents are not exempted from electronic filing. L.R. 5-4.1.

  • A deficiency notice was issued on my Writ of Execution; what do I do?

    You must make the necessary corrections as indicated by the clerk and re-file both the Affidavit and proposed Writ.

  • I can’t find the correct event in CM/ECF to file my Affidavit, how do I locate it?

    Using the search feature in CM/ECF, enter “writ of execution” and a list of appropriate events will appear. Choose the event called "Affidavit and Request for Issuance of Writ of Execution."

  • I electronically filed the Affidavit and Request for Issuance of Writ of Execution, but forgot to attach the proposed Writ of Execution; what do I do?

    You must file a “Corrected Affidavit and Request for Issuance of Writ of Execution,” ensuring that the proposed Writ is correctly attached. Use the same event to file the corrected document.

  • I misplaced the issued Writ that I received electronically from the clerk, what do I do?

    If the writ has not expired (writs expire after 180 days), you may reprint the original writ from the docket sheet. If the writ has expired, you may request another writ to be issued by the clerk in the form of an “Alias Writ of Execution.” Add the word “Alias” to the document title on both Forms CV-23 and CV-24 and file the forms again using the same “Affidavit and Request for Issuance of Writ of Execution” event.

  • Is there a fee to have a Writ of Execution issued?

    No, there is no filing fee.

  • Since I am now required to electronically file Writs of Execution, do I also have to electronically file Abstracts of Judgment?

    No, Abstracts of Judgment must continue to be submitted manually to the Clerk’s Office.