Opinion Number

Dear Marshal Wyatt:

You pose the following hypothetical for our legal analysis.

A bank enforces a judgment by seizing a vehicle which was pledged as security for the original loan. The bank requests a writ of fieri facias (which is in the possession of the sheriff) for the vehicle but subsequently stops the proceeding because there has been an agreement to accept the vehicle as payment of the existing judgment. What are the rights which exist in favor of the office of the sheriff who is in possession of the writ? Your specific questions are answered in the order presented.

Question One

Is the…