De averiis captis in withernamium is a legal term that describes a writ that was previously utilised to apprehend someone’s livestock. This writ was issued in cases where an individual had unlawfully taken another person’s cattle outside of the county. The writ instructed the sheriff to detain the defendant’s cattle until the plaintiff’s cattle could be returned.
De averiis captis in withernamium is a legal term that refers to a writ used to direct a sheriff to detain a defendant’s cattle. This is done when the defendant has unlawfully taken the plaintiff’s cattle out of the county. The detained cattle will be held until the sheriff can replevy the plaintiff’s cattle. For instance, if John takes Sarah’s cows from her farm in one county and brings them to his farm in another county without her permission, Sarah can file a lawsuit against John. She can request the court to issue a writ of de averiis captis in withernamium, which will direct the sheriff to detain John’s cows until he returns Sarah’s cows to her. Once John returns Sarah’s cows, the sheriff will release his cows. This legal tool helps the victim to recover their property and hold the offender accountable for their actions. The example illustrates how de averiis captis in withernamium works in a real-life situation when someone takes another person’s cattle without permission.
De Averiis Captis In Withernamium is a Latin legal term that refers to the legal process of seizing goods or property in order to secure a debt.
This legal process can be used when a debtor fails to pay a debt, and the creditor seeks to recover the amount owed by seizing the debtor’s property.
Under this legal process, any movable goods or property belonging to the debtor can be seized, including vehicles, furniture, electronics, and other personal belongings.
No, this legal process is typically used for unsecured debts, such as credit card debts, personal loans, or unpaid bills. It cannot be used for secured debts, such as mortgages or car loans.
The creditor must first obtain a court order or writ of execution, which authorizes the seizure of the debtor’s property. The order is then served to the debtor, who is given a specific period of time to comply or challenge the seizure.
Yes, the debtor can prevent the seizure by paying the debt in full or by negotiating a settlement agreement with the creditor. Alternatively, the debtor can challenge the legality of the seizure in court.
The seized property is typically sold at a public auction, and the proceeds are used to satisfy the debt. If the proceeds exceed the debt amount, the surplus is returned to the debtor.
Yes, certain essential items, such as clothing, basic household items, and tools necessary for the debtor’s trade or profession, are generally exempt from seizure.
No, once the property is sold, the debtor cannot reclaim it. However, if the debtor can prove that the seizure was unlawful or improper, they may be entitled to compensation.
If the debtor fails to comply with the seizure order, they may face further legal action, such as wage garnishment, bank account levies, or even imprisonment for contempt of court.
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: 16th April 2024.
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