Form 27-5

This letter asks the clerk to send the writ to the plaintiff’s attorney for forwarding to the officer, which is recommended so that the attorney can check the writ and its return for accuracy; see section 27.13 in this chapter. The clerk should be contacted to ascertain the correct fee.

The attorney should request an order of sale if the judgment orders foreclosure on specific property; see section 27.13:4. The writ can issue before thirty days after judgment if the defendant is about to remove or hide his property; see section 27.12:1. In such a situation, the attorney will probably want to request the writ in person to avoid delay. For an affidavit, see form 27-6.

See section 27.13:7 for situations in which a thirty-day or sixty-day return may be advisable.

Letter to Clerk Requesting Writ of Execution or Order of Sale

[Date]

[Name or identification and address of clerk]

Re:   [style of case]
   Cause No. [number]
   [designation and location of court]

[Salutation]

Please issue [a writ of execution/an order of sale] in the referenced cause. [Include if seeking the writ before the thirtieth day after rendition of judgment: Execution can issue based on the enclosed affidavit.] The judgment debtor’s last known address is [address, city, state]. [Include if applicable: Please show the following credits to the judgment: [amounts and dates of credits].]

Please mark the writ to be returned within [thirty/sixty/ninety] days and send it to me for forwarding to the appropriate officer. My check for your fee is enclosed.

Thank you for your service.

Sincerely yours,

   
[Name of attorney]

Enc.