Enforcing Federal Court Judgments: Enforcement Procedures

by Practical Law Litigation

A Practice Note explaining the procedures for executing and enforcing federal court judgments. This Note outlines the primary methods for enforcing money judgments under Federal Rule of Civil Procedure (FRCP) 69, which relies heavily on state law procedures, and for enforcing equitable judgments requiring the performance of a specific act under FRCP 70. It discusses critical enforcement tools, including obtaining a writ of execution to seize a debtor's property and the steps for creating and foreclosing on judgment liens. This Note also addresses post-judgment discovery to locate a debtor's assets. It provides guidance on the processes for collecting litigation costs, claiming attorneys' fees, and calculating post-judgment interest.