Vermont Writ of Execution for Small Claims Property Seizure

When Wages and Bank Accounts Aren't Enough

A writ of execution is the enforcement tool you turn to when the debtor owns tangible personal property — vehicles, equipment, inventory, or other goods — that can be seized and sold to satisfy your judgment. It's a formal court order directing a county sheriff or constable to levy on the debtor's non-exempt belongings.

Under 12 V.S.A. § 2681, you cannot request a writ until the 30-day period under Rule 10 expires and no appeal or timely post-judgment motion is keeping a Rule 62 stay in effect. The period runs from judgment entry if the defendant appeared, or from service of the judgment if the court issued a default judgment. You also cannot seize property yourself — all physical enforcement runs through an authorized officer.

Obtaining the Writ (Form 100-00502)

File a Writ of Execution application (Form 100-00502) with the Civil Division clerk. The application must state:

• The original judgment principal
• Accrued post-judgment interest (12% per year under 9 V.S.A. § 41a)
• Post-judgment court costs
• Any partial payments received

The clerk reviews your calculations, signs the writ, and returns it. The execution must be returned to the issuing court within 60 days from the date of issuance.

The Sheriff Levy Process

Deliver the signed writ and a List of Exemptions (Form 100-00511) to the county sheriff. Under 12 V.S.A. § 2731, the officer first makes a formal demand on the debtor for payment.

If the debtor doesn't pay, the sheriff:

1. Levies on non-exempt personal property
2. Advertises the property for public auction
3. Sells it to the highest bidder

Auction proceeds go first to the sheriff's fees, storage, and advertising costs. The remainder satisfies your judgment principal and interest. Any surplus is returned to the debtor.

Property Exemptions to Watch For

Not everything the debtor owns can be seized. Vermont protections under 12 V.S.A. § 2740 include:

• Motor vehicles: up to $2,500 in equity
• Tools of the trade: up to $5,000
• Wildcard: up to $400 in any property, plus up to $7,000 in unused amounts under the motor-vehicle, tools, jewelry, household goods, and crops exemptions
• Retirement accounts: self-directed retirement accounts, including pensions, are protected under 12 V.S.A. § 2740(16). Traditional IRAs, Keogh plans, SEP plans, and other qualified plans are exempt only for deductible or tax-excluded contributions and related earnings and growth; Roth IRAs are exempt only for contributions within statutory limits and related earnings and growth. Contributions made within one calendar year before a bankruptcy filing are not exempt, and the exemption is capped at $5,000 for child-support asset attachment.

The debtor can use the Disclosure of Exempt Income (Form 100-00128) to identify exempt income. Other asset exemptions are asserted through the process applicable to the levy or execution.

Writs vs. Judgment Liens

A writ of execution targets personal property for immediate seizure and sale. If the debtor owns real estate instead, you'd typically record a judgment lien — which encumbers the property without an immediate forced sale.

Vermont has no motor vehicle lien registry for small claims judgments. To reach a vehicle, you use the writ of execution route through the sheriff.

The Vermont judgment collection guide covers when each enforcement tool makes sense and walks through the full process for each one.

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