North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

What is the legal term for the remedy that allows the seizure of property to satisfy a judgment?

1. Attachment

2. Garnishment

3. Execution

4. Foreclosure

The correct answer is: Attachment

The legal term that refers to the remedy allowing the seizure of property to satisfy a judgment is execution. Execution is the process of enforcing a court judgment, particularly against a debtor's property. This typically involves the court authorizing a sheriff or another designated agent to seize specific assets owned by the debtor to satisfy the amount owed to the creditor. In legal procedures, attachment refers to the legal process of seizing a debtor's property before a court has made a decision on the merits of the case to secure a potential judgment. Garnishment pertains to a legal process by which a creditor can collect what a debtor owes by requiring a third party, often an employer, to withhold money from the debtor's wages. Foreclosure specifically involves a process related to real estate where a lender attempts to recover the balance owed on a defaulted loan by forcing the sale of the asset used as collateral. Understanding the distinctions between these terms is critical, as they serve different purposes within the legal system, but execution is the term that specifically applies to the direct action of seizing property to satisfy a monetary judgment.