Legal Definitions - dormant execution

A dormant execution refers to a writ of execution that has been issued by a court but has not been actively pursued or enforced by the judgment creditor within a specific period, or under certain circumstances. When a writ becomes dormant, it loses its immediate priority or enforceability, meaning it cannot be used to seize assets without further action, such as renewal or revival. While the underlying judgment remains valid, the specific writ of execution effectively becomes "inactive" or "sleeping."

Here are some examples illustrating a dormant execution:

• Example 1: Delay in Enforcement

  A small landscaping company wins a court judgment against a client for $10,000 in unpaid services. The court issues a writ of execution, which legally authorizes the company to seize the client's assets to satisfy the debt. However, the company owner gets busy with new projects and, due to oversight, does not instruct the sheriff to levy on the client's property for eight months. Many jurisdictions have a statutory period, often 60 or 90 days, within which a writ of execution must be actively enforced.

  Explanation: Because the landscaping company failed to act on the writ within the legally prescribed timeframe for active enforcement, the writ of execution becomes dormant. It no longer holds its immediate power to seize assets or its priority over other potential creditors who might obtain new writs. To continue enforcement efforts, the company would likely need to apply to the court to renew or revive the writ.

• Example 2: Debtor's Assets Undiscoverable

  A credit card company obtains a judgment against a borrower who defaulted on a significant debt. A writ of execution is issued, but the borrower has moved out of state, changed jobs, and has no easily traceable assets within the jurisdiction where the judgment was issued. The credit card company's attorneys make initial attempts to locate assets but, after several months of unsuccessful searches, cease active pursuit of that specific writ for an extended period.

  Explanation: The writ of execution becomes dormant because the credit card company, despite having the legal authority, could not actively enforce it due to the practical difficulties of locating the debtor's assets. The writ effectively "sleeps" until new information or circumstances allow for renewed enforcement efforts, which would likely require a new or revived writ to regain enforceability.

• Example 3: Agreement to Suspend Enforcement

  A landlord obtains a judgment for unpaid rent and property damage against a former tenant. A writ of execution is issued, giving the landlord the right to seize the tenant's property. However, before the landlord proceeds with enforcement, the former tenant contacts them and proposes a structured payment plan, offering to pay a fixed amount each month until the debt is cleared. The landlord accepts this arrangement and agrees not to actively pursue the writ of execution as long as the tenant adheres to the payment schedule.

  Explanation: In this scenario, the writ of execution becomes dormant by agreement between the parties. While the landlord still holds the judgment and the writ, they have chosen to suspend its active enforcement in favor of a voluntary payment arrangement. Should the tenant default on the payment plan, the landlord would likely need to take steps to revive or issue a new writ to resume active collection efforts through the court system.