Short answer. If a balance remains after realizing all the attached property and applying the proceeds, the sheriff collects that balance through ordinary execution. Once the judgment is fully paid, the sheriff must return to the judgment obligor any remaining attached property or unapplied sale proceeds on reasonable demand.
What the law says
If after realizing upon all the property attached, including the proceeds of any debts or credits collected, and applying the proceeds to the satisfaction of the judgment, less the expenses of proceedings upon the judgment, any balance shall remain due, the sheriff must proceed to collect such balance as upon ordinary execution. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, must return to the judgment obligor the attached property remaining in his hands, and any proceeds of the sale of the property attached not applied to the judgment.
Rule 57, Section 16 — Balance due collected upon an execution; excess delivered to judgment obligor. Read the full provision →
Attachment does not always cover the whole debt
Rule 57, Section 16 addresses the situation where the attached property, even after being fully realized — sold, or its debts and credits collected — and applied to the judgment, still leaves a balance due. Attachment secures a claim but does not guarantee the attached assets will be worth enough to satisfy it completely. Property values can fall between the time it is attached and the time it is actually sold, or the amount ultimately awarded in the judgment can exceed what the attaching party estimated when the writ was first sought, leaving a gap that the attached property alone cannot close.
The shortfall is collected like any other judgment
For that remaining balance, the section directs the sheriff to proceed to collect it as upon ordinary execution — meaning the same general execution process used to enforce any money judgment, not some special attachment-specific procedure. The prior attachment simply becomes the first source of payment, with ordinary execution taking over from where it leaves off. This lets the judgment obligee pursue the judgment obligor's other non-exempt property to make up the difference, using the standard execution tools such as levy on real or personal property, rather than being limited to whatever happened to be attached at the outset.
The flip side: returning any surplus
The section also protects the judgment obligor's interest in the other direction. Once the judgment has been fully paid, the sheriff must, on reasonable demand, return whatever attached property remains in hand and any sale proceeds that were not needed to satisfy the judgment — ensuring the attachment does not become a windfall for the judgment obligee beyond what was actually owed. The demand requirement places the initiative on the judgment obligor to actually ask for the return, rather than obligating the sheriff to track the obligor down unprompted once payment is complete.
Related provisions
- Rule 57, Section 16 — Balance due collected upon an execution; excess delivered to judgment obligor
- Rule 57, Section 15 — Satisfaction of judgment out of property attached; return of sheriff
- Rule 57, Section 19 — Disposition of attached property where judgment is for party against whom attachment was issued