Vt. R. Civ. P. 69

As amended through May 6, 2024
Rule 69 - Execution

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. No execution running against the body shall be issued to enforce a judgment in any civil action for money damages. In addition to the procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution, as provided by law, the judgment creditor or a successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules. Executions shall be made returnable within sixty days from the date thereof.

Executions may be issued so long as the judgment remains unsatisfied and the time limit of 12 V.S.A. § 2681(a) on issuance of an execution on the udgment has not run.

The judgment creditor shall deliver to the officer levying execution a list of exemptions, which the officer shall serve on the judgment debtor, together with a copy of the writ of execution.

In the writ of execution, the clerk shall set forth the amount of post-judgment interest due per day, calculated on the full amount of principal included in the judgment at the maximum rate allowed by law. In levying execution, the officer shall collect per diem interest in the daily amount from the date of entry of judgment to and including the date of satisfaction. If an execution is returned partially satisfied, the return shall show the date of partial satisfaction. The amount collected shall be first applied to interest accrued to that date. Interest on the portion of the judgment remaining unsatisfied shall be computed from the date of partial satisfaction and collected in the same manner on any subsequent levy of execution.

Process to enforce a judgment for the delivery of possession of land shall be a writ of possession.

V.R.C.P. 69

Amended Dec. 11, 1980, eff. 2/2/1981; 12/28/1981, eff. 3/1/1982; 11/4/1994, eff. 3/1/1995; 11/22/2011, eff. 1/23/2012.