The term “distringas vicecomitem” is a legal term that instructs to take action against the sheriff. In the past, it referred to a writ called “distringas” which ordered the coroner to take action against a sheriff who failed to carry out a writ of “venditioni exponas.” This writ was used to compel the sheriff to sell property in order to settle a debt. Also see: “venditioni exponas.”
“Distringas vicecomitem” is a legal term that signifies the instruction to distrain the sheriff. It pertains to a writ known as a distringas, which commands the coroner to take action against a sheriff who has failed to carry out a writ of venditioni exponas. For instance, if a sheriff neglects to execute a writ of venditioni exponas, the court may issue a distringas writ, directing the coroner to take action against the sheriff. This may involve seizing the sheriff’s property or assets until the writ is executed. This example demonstrates how the term “distringas vicecomitem” is employed in a legal context to enforce the execution of a writ and hold the sheriff accountable for their responsibilities.
A Distringas Vicecomitem is a legal term referring to a writ or order issued by a court to a sheriff or other officer, commanding them to seize and sell the property of a defendant to satisfy a judgment.
A Distringas Vicecomitem can be issued when a judgment has been obtained against a defendant and the plaintiff seeks to enforce the judgment by seizing and selling the defendant’s property.
Under a Distringas Vicecomitem, any non-exempt property owned by the defendant can be seized, including real estate, vehicles, bank accounts, and personal belongings.
No, before a Distringas Vicecomitem can be issued, the defendant must be given notice of the judgment and an opportunity to respond or challenge the enforcement action.
No, a Distringas Vicecomitem is typically used to enforce judgments in civil cases, such as unpaid debts, breach of contract, or damages awarded in personal injury cases.
Yes, a Distringas Vicecomitem can be issued against both individuals and business entities, as long as they are the judgment debtors.
In some cases, a defendant may be able to request a stay of execution or seek other legal remedies to delay or stop the enforcement action under a Distringas Vicecomitem. However, this would require valid legal grounds and may vary depending on jurisdiction.
In certain circumstances, tax authorities may be able to obtain a Distringas Vicecomitem to collect unpaid tax debts. However, the specific rules and procedures may differ from regular civil judgments.
Yes, if a court has ordered child support or alimony payments and the obligated party fails to comply, a Distringas Vicecomitem can be used to enforce the court’s order and collect the unpaid amounts.
Yes, a defendant has the right to appeal the judgment leading to the issuance of a Distringas Vicecomitem. However, the appeal process may have specific time limits and requirements that need to be followed.
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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