Allocatur Exigent is a legal term used in the United Kingdom to refer to a document issued by a court, specifically the High Court, granting permission for a writ of execution to be issued. This document is typically issued when a judgment creditor seeks to enforce a judgment by seizing and selling the judgment debtor’s assets. The Allocatur Exigent serves as proof that the court has authorized the execution of the judgment and allows the judgment creditor to proceed with the enforcement process.
Allocatur Exigent is a legal term that refers to a court order allowing for the immediate payment of a judgement or debt. This order is typically granted when there is an urgent need for the payment to be made, such as in cases of financial hardship or when the judgement creditor is at risk of suffering irreparable harm if the payment is delayed. The court will consider the circumstances and evidence presented by the parties before deciding whether to grant an Allocatur Exigent. Once granted, the judgement debtor is required to make the payment without delay. Failure to comply with the Allocatur Exigent may result in further legal action and penalties.
Q: What is Allocatur Exigent?
A: Allocatur Exigent is a legal term that refers to a court order allowing the immediate enforcement of a judgment or decision.
Q: When is Allocatur Exigent used?
A: Allocatur Exigent is typically used when there is an urgent need to enforce a judgment or decision, such as when there is a risk of assets being dissipated or when immediate action is required to protect the rights of the parties involved.
Q: How can I obtain an Allocatur Exigent?
A: To obtain an Allocatur Exigent, you need to file a motion or application with the court explaining the urgency and the reasons why immediate enforcement is necessary. The court will then review the application and decide whether to grant the Allocatur Exigent.
Q: What factors does the court consider when deciding whether to grant an Allocatur Exigent?
A: The court will consider various factors, including the urgency of the situation, the likelihood of success on the merits, the potential harm that may occur if immediate enforcement is not granted, and whether there are any alternative remedies available.
Q: Can an Allocatur Exigent be appealed?
A: Yes, like any court order, an Allocatur Exigent can be appealed. However, it is important to note that the appeal process may not automatically stay the enforcement of the judgment or decision, so it is crucial to seek legal advice on how to proceed.
Q: What happens if an Allocatur Exigent is granted?
A: If an Allocatur Exigent is granted, it allows the party seeking enforcement to take immediate action to enforce the judgment or decision. This may include seizing assets, obtaining injunctions, or taking any other necessary steps to ensure compliance with the court’s order.
Q: How long does an Allocatur Exigent remain in effect?
A: The duration of an Allocatur Exigent depends on the specific circumstances and the court’s order. In some cases, it may be valid until the judgment or decision is fully enforced, while in others, it may have a specific time limit set by the court.
Q: Can an Allocatur Exigent be revoked or modified?
A: Yes, an Allocatur Exigent can be revoked or modified if there is a change in circumstances or if the court determines that it is no longer necessary or appropriate. However, such decisions are at the discretion of the court and require a separate
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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