CJC-PSX8974 - Advance Civil Processes, Executions, & Writs
Course Description
This course is designed to present deputy sheriffs working in civil process the laws,cases, and recommended procedures that govern the enforcementof the post-judgment remedies of executions,exemptions, evictions and execution sales including legislative and case law changes approved since 2001.
Course Outline
Introduction
1. The three major types of Executions and the purposes and powers of each type.
2. Determine whether or not the execution is valid and enforceable using the statutory criteria for validity.
3. Determine whether that property is subject to levy or seizure under an execution or writ of possession.
4. Identify property that is exempt from seizure using the constitutional and statutory guidelines for executions.
5. Properly prepare the following documents to hold a valid sale under an Execution using properly the statutory guidelines for content and form:
a. Notice of Sale
b. Report of Sale
c. Sheriff’s Deed
d. Notice of Upset Bid
Learner Outcomes
Upon completion of this course, the students will be able to:
1. Identify and apply the statutory requirements for holding a valid sale under execution by documenting the proper completion of the steps required.
2. Postpone an execution sale using the required statutory procedures.
3. Properly complete the requirements for notifying a bidder and/or defendant of the filing of an upset bid.
4. Properly disperse funds collected under execution or execution sale including sheriff’s commission, expenses, and funds to be applied to satisfaction of judgment.
5. List and describe the possible penalties for improperly executing on property or holding an improper execution sale.
6. Identify the minimum requirements to make a writ of possession for personal property valid on its face.
7. Identify property subject to levy under a writ of possession for personal property.
8. Properly complete a seizure and delivery of property as directed in a Writ of Possession for Personal Property.