The Extent in Aid was a legal document that permitted individuals who owed money to the government to collect that money from someone else who owed them. Due to frequent misuse, it was eliminated in 1947. While it was a method for the government to recover debts, it was not always just, leading to its discontinuation.
The historical writ known as an extent in aid allowed a debtor to the Crown to collect payment from someone who owed them money, in order to settle their debt to the Crown. This writ was abolished in 1947 due to its misuse. For instance, in the past, if an individual owed money to the Crown but was unable to pay, they could utilise an extent in aid to compel another person who owed them money to pay the Crown instead. To illustrate, if John owed money to the Crown and was unable to pay, he could employ an extent in aid to compel Jane, who owed him money, to pay the Crown instead. This example demonstrates the practical application of an extent in aid. John, as the Crown debtor, utilised the writ to compel Jane, who owed him money, to pay the Crown instead. This enabled John to settle his debt to the Crown without having to use his own funds.
Extent In Aid is a legal term that refers to the process of enforcing a judgment or order of a court in one jurisdiction in another jurisdiction.
Extent In Aid can be used when a judgment or order has been made in one jurisdiction, but the debtor has assets in another jurisdiction.
The purpose of Extent In Aid is to ensure that a judgment or order is enforced, even if the debtor has assets in another jurisdiction.
Any type of judgment or order can be enforced using Extent In Aid, including money judgments, injunctions, and orders for specific performance.
The process for obtaining Extent In Aid varies depending on the jurisdiction, but generally involves filing an application with the court in the jurisdiction where the debtor has assets.
The evidence required to obtain Extent In Aid varies depending on the jurisdiction, but generally includes a certified copy of the judgment or order, evidence of the debtor’s assets in the jurisdiction, and evidence that the debtor has failed to comply with the judgment or order.
Yes, the debtor can challenge the application for Extent In Aid, but generally only on limited grounds, such as jurisdictional issues or procedural irregularities.
If the application for Extent In Aid is granted, the court in the jurisdiction where the debtor has assets will enforce the judgment or order in accordance with its own laws and procedures.
If the debtor still does not comply with the judgment or order, the creditor may be able to take further legal action, such as seizing the debtor’s assets or obtaining a court order for the debtor’s arrest.
No, Extent In Aid is not available in all jurisdictions, and the rules and procedures for obtaining it vary depending on the jurisdiction. It is important to seek legal advice before attempting to use Extent In Aid.
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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