Capias Ad Computandum is a legal term that refers to a writ or order issued by a court to compel a person to appear and provide information about their financial assets and liabilities. This writ is typically used in cases where a judgement has been entered against a debtor, and the creditor seeks to collect the debt by seizing the debtor’s assets. The Capias Ad Computandum writ allows the creditor to obtain information about the debtor’s assets and liabilities, which can be used to enforce the judgement. Failure to comply with the writ can result in the debtor being held in contempt of court.
A capias ad computandum is a legal term that refers to a writ or order issued by a court to compel a person to appear and provide an account or computation of a specific matter.
This writ is typically used in cases where a person is required to provide a financial or accounting statement, such as in cases involving bankruptcy, tax disputes, or financial investigations.
Typically, it is the court or a party involved in the legal proceedings who can request a capias ad computandum. However, the specific rules and procedures may vary depending on the jurisdiction and the nature of the case.
If a person fails to comply with a capias ad computandum, they may be held in contempt of court. This can result in penalties such as fines, imprisonment, or other sanctions imposed by the court.
Yes, like any other court order, a capias ad computandum can be challenged or appealed. The specific procedures for challenging or appealing the order may vary depending on the jurisdiction and the applicable laws.
Yes, a capias ad computandum can be issued against a corporation or organisation if they are required to provide an account or computation of a specific matter. The order would typically be directed towards the authorized representative or officer of the corporation or organisation.
While a capias ad computandum is primarily used in civil cases, it may also be used in certain criminal cases where financial or accounting information is required. However, the specific circumstances and procedures may vary depending on the jurisdiction and the nature of the case.
Enforcement of a capias ad computandum across state lines may require the cooperation of the courts in both jurisdictions. It is advisable to consult with legal counsel to determine the specific procedures and requirements for enforcing the order in a different state.
A capias ad computandum is not typically used to collect a debt. It is primarily used to compel a person to provide an account or computation of a specific matter. However, there may be other legal remedies available for debt collection, such as garnishment or attachment orders, depending on the jurisdiction and the applicable laws.
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: 4th April 2024.
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