Quiz 14: Breach of Contract and Remedies
When Used to Enforce the Collection of a Judgment,a Writ
When used to enforce the collection of a judgment,a writ of garnishment is used to access property that is in the hands of someone other than the judgment debtor.
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A writ of garnishment orders the sheriff to seize property in the possession of the breaching party and sell the property at auction to satisfy the judgment.
Mitigation of damages is a doctrine that requires a non-breaching party to minimize damages.
A plaintiff is automatically entitled to a writ of garnishment if execution of a writ of attachment fails to produce proceeds sufficient to satisfy a breach-of-contract judgment in favor of the plaintiff.
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