How To ProcessOverviewUpdated: Wednesday, January 31, 2024Overview: A Request for Writ of Execution is filed by the prevailing party after a judgment is entered to request that the Clerk issue a Writ of Execution to the United States Marshal. If requesting a replacement/alias writ, file a motion with proposed order requesting alias writ via CM/ECF: Bankruptcy or Adversary→Motions→Amend, Motion to. Alias writs cannot be issued without court order. Forms/RulesOfficial/Local Form: Official Form B2640 Rules/Code Sections: FRBP 706928 U.S.C. § 566(c)28 U.S.C. § 1963 Filing RequirementsFiling Requirements: Letter requesting issuance of writ Proposed writ Official Form B2640 The writ must read exactly as the judgment reads DocketDocket: Ensure Filing Requirements are met Select Bankruptcy or Adversary Select Other Enter case number (xx-xxxx) Click Next Select the party filer Click Next If the party is not listed Use Add/Create New Party Click Next If you see the message: IMPORTANT: The following attorney/party association(s) will be created in this case. De-selecting a party association will result in the filing attorney NOT receiving Notices of Electronic Filing for that party. If this is a joint filing, review the list carefully to ensure that only parties represented by the filing attorney are selected. Remove the check mark from any party not represented by the filing attorney Click Next Select Request for Writ of Execution Click Next Browse to select the document that is being filed (PDF) Click Next Select Refer to existing event(s)? Click Next Select the category to which your event relates Click Next Select the appropriate event to which your event relates (select the judgment) Click Next Modify the docket text by using the drop-down and free text boxes to enter additional information, if necessary Click Next Verify docket text Click Next ‹ Request for Issuance of Alias Summons up Amendments ›
