Rule 76.01.Application for Execution.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 76.01
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new.
Plain-English Summary
Once a court enters a money judgment, the winning party still has to collect it. Rule 76.01 opens the door to that collection process. It says an execution — the court order that lets a sheriff seize a debtor's property — can issue on nothing more than a written application signed by the party or the party's attorney. The application has to state the address of whoever is asking for the execution, so the sheriff and court know where to send notices and returns.
What stands out here is how little the rule demands. There is no motion, no separate hearing, no advance notice to the debtor. The judgment itself already established the debt; the application for execution activates the machinery to enforce it. That keeps the process quick and inexpensive for judgment creditors, who often need to move before a debtor can move or hide assets.
This rule works as the entry point for the rest of Rule 76. Everything downstream — how the execution is directed, how long it runs, how property gets levied and sold — depends on an execution having first been issued under this rule. Think of it as the ignition switch for the whole enforcement machine.
Frequently Asked Questions
Who can sign the application for execution?
Either the judgment creditor personally or the creditor's attorney may sign it. The rule does not require the signature of anyone else.
Does the application need to be filed with the court or given to the sheriff?
The application triggers the issuance of the execution, which is the court's writ directed to a sheriff. The address requirement in the rule is meant to make sure the applicant can be reached as the execution proceeds.
Does the debtor get notice before an execution is issued?
Rule 76.01 does not require notice to the debtor at this stage. Notice requirements come later, once property has been levied upon, under rules like 76.075, 76.16, and 76.17.
Can a judgment creditor request more than one execution?
Yes. Rule 76.05 confirms that more than one execution may be outstanding at the same time, so nothing in Rule 76.01 limits an applicant to a single writ.
What happens after the application is filed?
The court issues the execution, which is then directed to a sheriff under Rule 76.05 and used to levy on the debtor's property under Rule 76.06.
Is a hearing required before an execution issues?
No. The rule contemplates a simple paper application, not an adversarial proceeding. Any contest by the debtor comes later, through mechanisms like a motion to quash under Rule 76.25.