Exigi Facias, a Latin phrase meaning “that you cause to be demanded,” was the name given to a legal writ known as the writ of exigent. This writ played a crucial role in the process of outlawry, as it commanded the sheriff to demand the defendant’s presence in court. Failure to comply with this demand would result in the defendant being outlawed. The writ of exigent was specifically utilised in urgent situations that necessitated immediate action or assistance.
Exigi facias, a Latin term meaning “that you cause to be demanded,” was commonly used to refer to a writ of exigent in the process of outlawry. In modern legal language, the term “exigent” is used to describe urgent situations that require immediate action. For example, if someone’s life or property is in danger, the police may enter their home without a warrant to provide assistance. This illustrates how the term has evolved over time to reflect changing legal practices and societal norms.
An Exigi Facias, also known as an execution of a writ of fieri facias, is a legal term used to describe a court order that allows a sheriff or other authorized officer to seize and sell a debtor’s property to satisfy a judgment debt.
An Exigi Facias can be issued after a judgment has been obtained against a debtor and the debtor has failed to satisfy the judgment debt voluntarily.
Under an Exigi Facias, any non-exempt property owned by the debtor can be seized, including real estate, vehicles, bank accounts, and personal belongings.
No, an Exigi Facias can only be used to collect a judgment debt that has been awarded by a court. It cannot be used for other types of debts, such as unpaid credit card bills or loans.
The validity of an Exigi Facias varies depending on the jurisdiction. In some cases, it may remain valid for a specific period, while in others, it may remain valid until the judgment debt is fully satisfied.
In some cases, a debtor may be able to prevent the seizure of their property by negotiating a payment plan with the judgment creditor or filing for bankruptcy. However, it is advisable to consult with an attorney to understand the specific options available.
Yes, an Exigi Facias can be issued against both individuals and businesses. In the case of a business, it may result in the seizure and sale of the business’s assets to satisfy the judgment debt.
The issuance of an Exigi Facias is typically not subject to appeal. However, a debtor may have the option to challenge the underlying judgment that led to the issuance of the Exigi Facias through the appropriate legal procedures.
In some cases, a debtor may have the opportunity to recover their seized property by paying the judgment debt in full or negotiating a settlement with the judgment creditor. However, this may vary depending on the specific circumstances and applicable laws.
The proceeds from the sale of seized property under an Exigi Facias are typically used to satisfy the judgment debt, including any associated costs and fees. If there are any remaining funds, they may be returned to the debtor or used to satisfy other outstanding debts.
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: 17th April 2024.
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