Legal Definitions - alias execution

An alias execution is a subsequent legal order issued by a court to enforce a judgment, typically when a previous attempt to collect money or property from a debtor was unsuccessful or only partially successful. It is essentially a second (or third, or fourth, etc.) writ of execution issued to continue the process of satisfying a court-ordered debt or obligation when the initial attempt failed to achieve full recovery.

Here are some examples to illustrate this concept:

• Example 1: Failed Wage Garnishment

  A court issues an order for a debtor's wages to be garnished from their current employer to pay off a debt. However, before the garnishment can be fully implemented, the debtor resigns from that job. Since the initial execution order is now ineffective, the creditor would need to apply for an alias execution to direct the wage garnishment to the debtor's new employer, once identified. This demonstrates an alias execution being used when the first attempt to enforce the judgment failed due to a change in circumstances.

• Example 2: Insufficient Funds in Bank Account

  A judgment creditor obtains an order to seize funds from a debtor's known bank account. When the sheriff attempts to execute this order, they discover the account has insufficient funds to cover the judgment amount. The creditor then learns the debtor owns a valuable piece of real estate. To pursue the seizure of this property, the creditor would need to obtain an alias execution, directing the enforcement action towards this newly discovered asset. This illustrates an alias execution being sought when the initial attempt yielded no or insufficient assets.

• Example 3: Partial Recovery of Debt

  A plaintiff is awarded a judgment of $75,000 against a defendant. The first writ of execution allows the seizure of $20,000 from a specific investment account belonging to the defendant. To recover the remaining $55,000, the plaintiff would need to apply for an alias execution to pursue other assets, such as a different bank account, a vehicle, or future income streams, until the entire judgment is satisfied. This shows an alias execution being used to continue enforcement when the first attempt was only partially successful.