The attorney should inspect the writ of execution and send it to the sheriff or constable rather than having the clerk do so; see section 27.13:1 in this chapter. The officer should be contacted to ascertain the correct fee. Local practices vary; in some counties, the clerk collects the officer’s fee when the writ is issued. In such a case, it is unnecessary to send payment with this letter, and the letter should be modified accordingly.
The attorney may want to attend the sale to make sure it is conducted properly and to assist the officer if needed. The plaintiff may also want to attend to bid on the property.
Letter to Officer Transmitting Writ of Execution or Order of Sale
[Date]
[Name, title, and address of officer]
Re: Defendant in execution: [name of defendant]
[style of case]
Cause No. [number]
[designation and location of court]
[Salutation]
Enclosed is [a writ of execution/an order of sale] in the referenced cause.
Please endorse the [writ/order] with the hour and date you received it and try to obtain from the defendant immediate payment of the total judgment, interest, court costs, and your costs. If the defendant will not pay the judgment and costs, please immediately levy on the defendant’s property subject to the writ, remove the property to a place of safekeeping unless impossible to do so without large expense and effort, post your notice, and conduct a sale according to law.
Please send me a copy of the notice of sale.
The last known address in your county of the defendant in execution is [address, city, state].
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Include additional special instructions if desired. |
If a problem arises, or if you need additional information, please telephone me (collect if long distance).
Please do not give the defendant notice of your intent to levy. Please do not negotiate a payment agreement. If the defendant wishes to make payment arrangements, have the defendant contact me immediately. Please let me know the date and time of the intended levy so that I can be available by phone to respond to any offers by the defendant or to any questions regarding the levy.
My check for your fee is enclosed. Please mail your completed return to me. For your convenience I am enclosing two addressed, stamped envelopes, and I will appreciate hearing from you promptly.
Thank you for your immediate attention to this matter.
Sincerely yours,
[Name of attorney]
Attorney for Plaintiff in Execution
Certified Mail No. [number]
Return Receipt Requested
Enc.
c: [name of client]