A capias ad satisfaciendum is a legal term referring to a writ or order issued by a court to enforce the collection of a judgement debt. It authorises the arrest and imprisonment of the judgement debtor until the debt is satisfied. The purpose of a capias ad satisfaciendum is to compel the debtor to pay the outstanding amount owed to the judgement creditor.
a writ or process commanding an officer to place a person (as a debtor) under civil arrest until a claim is satisfied
A writ of capias ad satisfaciendum is a legally binding instrument that issues an arrest warrant for an individual subject to a court order for debt or fine payment. The individual will remain in custody until the debt or sanction is repaid. This particular form of writ is frequently employed in situations involving non-appearance at court or non-payment of child support. It is an essential instrument for ensuring that individuals comply with their legal obligations and enforcing court mandates.
A writ of capias ad satisfaciendum is a legal instrument that directs a law enforcement agency to arrest and detain someone who has been found guilty of a crime or owes a debt until they pay the judgement against them. For example, if someone is required by a court to pay child support but fails to do so, a writ of capias ad satisfaciendum may be issued, requiring them to be arrested and kept in jail until they pay the outstanding sum. This writ was once extensively used to enforce judgements against debtors who failed to pay their debts. It was also employed in criminal cases to ensure that criminals showed up in court to answer their charges.
A capias adsatisfaciendum, commonly known as a “capias,” is a legal term used to refer to a writ or order issued by a court to enforce a judgment for the payment of money.
A capias adsatisfaciendum is typically issued when a judgement debtor fails to comply with a court order to pay a monetary judgement.
The purpose of a capias ad satisfaciendum is to compel the judgement debtor to satisfy the outstanding judgement by either paying the owed amount or facing potential arrest.
No, a capias ad satisfaciendum is generally issued only for monetary judgments resulting from civil cases, such as unpaid debts, fines, or damages awarded by a court.
Yes, in cases involving the non-payment of child support, a capias ad satisfaciendum can be issued to enforce the court’s order for payment.
Yes, you may challenge the issuance of a capias ad satisfaciendum by presenting evidence to the court that you have already satisfied the judgement or that there was an error in the court’s decision.
Yes, a capias ad satisfaciendum can be lifted or recalled if you satisfy the outstanding judgement or if the court determines that there was an error in its issuance.
If a capias ad satisfaciendum is issued against you, it is advisable to consult with an attorney who can guide you through the legal process and help you explore your options for satisfying the judgement or challenging its enforcement.
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: 14th April 2024.
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