Read the debtor's Summary of Assets, and identify valuable assets that could be sold at auction. High-value possessions include boats, expensive vehicles, jewelry, and rare artwork.


It can be expensive to levy and sell a debtor’s possessions, so consider the fees when deciding how to proceed. You will pay for transportation and storage of the goods, as well as the costs of the auction. Ask the sheriff for a fee estimate to help you decide whether you want to seek levy of personal property.
You must identify specific items. You cannot seek a blanket execution on “everything the debtor owns.”A benefit in seeking execution on personal property is that a state’s homestead exemption law typically does not apply. The house itself may be exempt, but the property inside often is not.
 Though rare, there may nevertheless be prior liens on personal property, especially vehicles. A prior lien will take priority over yours, which means that proceeds from the sale will be applied to satisfy the prior lien before anything is paid to you.


Find out if there are prior liens on personal property by visiting your state’s Department of State website. You should also check your state’s UCC website to see if any security interest has been filed on the property.
If there are prior liens, collect the name and address of each lienholder and the date on which each placed a lien. Give an affidavit with this information to the sheriff. You must notify prior lienholders of the time, date, and location of the sheriff’s sale. Send such notices by certified mail.
 You must describe the judgment you are seeking to satisfy and the property to be levied. Your description must be sufficiently detailed that the sheriff can identify the property.


Writs are good for a certain period of time (e.g., 180 days). If the writ expires, you must apply to the court for a new one.
 At that time the sheriff will ask the debtor to hand over the property. He will not forcibly take it.

If the debtor does not voluntarily turn the property over, you may need to seek a Seizure Order.Such an order allows the sheriff to take the property from the home against the debtor's will.
 The debtor may seek “exemption” from the levy on his personal property.Exemptions for personal property may include a certain amount of equity in a vehicle. New Mexico, for example, protects up to $4,000 in a levied car. In this case if the levied car is worth less than $4,000, a creditor cannot seize it. Other exemptions specify certain kinds of exempt property, such as microwaves, stoves, refrigerators, and washing machines. If the debtor seeks legitimate exemptions, there is nothing you can do to convince the court not to grant them. However, you should still attend the hearing, contest any exemption that sounds suspicious, and ask the court to grant the writ of execution for all non-exempt property.
 The sheriff will schedule a public auction to sell the goods. If the sale covers the costs of the seizure and auction, anything left will be given to you as payment on the debt, assuming any superior liens have already been satisfied. Levying personal property is not a “one shot” deal. If you subsequently discover the debtor has other high-value assets, you may seek to levy and execute on them at a later date.
 If the sale of the property does not cover the entire debt, you may seek the balance of what the debtor owes. There are several avenues open to you. At this point in the process, it may be worth seeking the advice of an attorney.
Identify high-value possessions.
Check for other liens.
File a Writ of Execution.
Use the sheriff to serve the debtor with notice.
Defend against a debtor’s objections.
Sell the goods at auction.
Seek a deficiency judgment.
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