Define: Capias Extendi Facias

A Capias Extendi Facias is a legal term used to refer to a writ or order issued by a court to enforce a judgment by seizing and selling the defendant’s property.

A Capias Extendi Facias is typically used when a judgment debtor fails to satisfy a judgment voluntarily, and the court needs to enforce the judgment by seizing and selling the debtor’s property.

Once a Capias Extendi Facias is issued, it authorizes law enforcement or a court-appointed officer to seize the judgment debtor’s property and sell it at a public auction. The proceeds from the sale are then used to satisfy the judgment.

Yes, a Capias Extendi Facias can be issued for any type of judgment, including monetary judgments, property judgments, or even judgments for specific performance.

If the judgment debtor does not have enough property to satisfy the judgment, the court may explore other options, such as garnishing the debtor’s wages or bank accounts, or placing a lien on their property.

In most cases, a Capias Extendi Facias cannot be issued without prior notice to the judgment debtor. The debtor is typically given an opportunity to satisfy the judgment voluntarily before the writ is issued.

There may be limitations on the property that can be seized under a Capias Extendi Facias, depending on state laws. Certain types of property, such as essential household items or tools of trade, may be exempt from seizure.

Yes, a Capias Extendi Facias can be issued against a corporation or business entity if they are the judgment debtor. In such cases, the writ may authorize the seizure and sale of the entity’s assets.

The proceeds from the sale of the seized property are typically used to satisfy the judgment, including any outstanding interest, fees, or costs. If there is any surplus after satisfying the judgment, it may be returned to the judgment debtor.