Writ Execution
The Constable is the enforcement arm of the Justice of the Peace Court. When the court issues a writ, the Constable executes it—serving notices, seizing property, removing occupants, or bringing persons before the court.
Writs the Constable Executes
Section titled “Writs the Constable Executes”Writ of Fieri Facias
Section titled “Writ of Fieri Facias”Commands the Constable to seize and sell the judgment debtor’s movable property to satisfy a money judgment. The Constable serves notice of seizure, takes possession of non-exempt property, and conducts the judicial sale.
Writ of Possession
Section titled “Writ of Possession”Commands the Constable to remove occupants and restore possession to the landlord after an eviction judgment. The Constable serves 24-hour notice to vacate, then physically removes occupants and their belongings if they fail to comply.
Garnishment
Section titled “Garnishment”The Constable serves garnishment papers on third parties (employers, banks) who hold the debtor’s wages or funds. Service triggers the garnishee’s obligation to freeze and remit funds.
Writ of Sequestration
Section titled “Writ of Sequestration”Commands the Constable to seize specific movable property claimed by the plaintiff, preserving it during litigation. The Constable takes custody and inventories the seized items.
Writ of Attachment
Section titled “Writ of Attachment”Commands the Constable to seize the defendant’s property to secure a potential money judgment before trial. Used when the defendant is fleeing, hiding assets, or is a nonresident.
Attachment for Contempt
Section titled “Attachment for Contempt”When a person fails to obey a subpoena or court order, the court may order the Constable to attach and bring the person before the court.
Keeper Appointment
Section titled “Keeper Appointment”When seized property requires safeguarding, the Constable appoints a keeper to maintain custody until the property is sold or released.
Constable’s Authority
Section titled “Constable’s Authority”The Constable has authority to appoint a keeper without prior court approval. The keeper is responsible for protecting the property from damage, theft, or waste and must deliver the property for judicial sale when directed.
Keeper Compensation
Section titled “Keeper Compensation”The Constable is allowed the actual amount paid to the keeper, not to exceed $60 per eight-hour shift. If the property requires constant attention, the Constable may appoint additional keepers.
Keeper Agreement
Section titled “Keeper Agreement”The keeper typically signs an agreement acknowledging:
- Location where property will be stored
- Obligation to notify constable of any change in location or condition
- Prohibition on removing property from the court’s jurisdiction
- Duty to produce property when directed
Return of Writ
Section titled “Return of Writ”After executing any writ, the Constable files a return with the court documenting:
- Date and manner of execution
- Property seized (with inventory)
- Actions taken
- Amounts collected
- Disposition of proceeds
The return is the official record of execution and is prima facie evidence of the facts stated.
See Constable Fees for writ execution fees.