Legal Definitions - executory process

Executory process is a legal procedure that can be used in two situations:

1. When a creditor has a right to a debt that is secured by a mortgage or privilege, and the debtor has not paid the debt. The creditor can use executory process to seize and sell the property that is secured by the mortgage or privilege to recover the debt.
2. When a creditor has obtained a judgment against a debtor in one court, but the debtor has not paid the judgment. The creditor can use executory process to enforce the judgment by seizing and selling the debtor's property.

For example, if a person takes out a loan to buy a car and uses the car as collateral for the loan, the lender can use executory process to seize and sell the car if the borrower does not make the loan payments. Similarly, if a person is sued and a judgment is entered against them, the creditor can use executory process to seize and sell the person's property to satisfy the judgment.