Simmons v. Simmons

BECK, Judge:

In this appeal we are asked to determine whether either a levy or a sale of a judgment debtor’s personalty pursuant to a writ of execution satisfies the judgment for which the writ was issued when the amount realized through the execution process by the judgment/execution creditor is less than the full sum of the judgment sought to be enforced by the writ of execution. We hold that under such factual circumstances, the judgment is not satisfied but is discharged only to the extent of the proceeds actually obtained by the judgment/execution creditor.

Appellee-wife Linda Simmons…