Writs of Execution: General vs. Special

"best Arizona attorney"Hopefully you have read our blog titled “Writ of Execution….Seizing your judgment debtor’s assets,” and have an understanding of writs of execution.  While many people believe that a writ of general execution is the preferred method to use because it has wider coverage, it may not be as useful as it may appear.

A writ of general execution is not as useful as it may appear. First, there are a number of exemptions in the law which protect certain things from execution. For example, personal items like a diamond wedding ring can be exempt.  Whether or not a particular item is exempt can be contested.  Luxury personal property items are typically not exempt.  For example, art work or other jewelry would probably not be protected from execution.  Since this is a grey area, the Sheriff’s Deputy who serves the writ and seizes the property, may err on the side of the debtor.

An additional issue that may arise with a general writ of execution is the rights of secured parties to the debtor’s property.  For example, the debtor may have a really nice television in his home, but execution on it is not allowed because the television was rented by the debtor.

Thus, while a writ of special execution is more limited in scope, it provides the Sheriff’s office with a clear direction of what should be seized.  Thus, if the deputy locates the item listed in the writ of special execution, he will be more inclined to seize it from the debtor.

Both forms of writs of execution serve a purpose.  Thus, it is always wise to discuss how to proceed with experienced attorneys like those at Windtberg & Zdancewicz, PLC.


The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed.   If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.


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