Define: Fieri Facias

Fieri Facias, commonly abbreviated as “fi.fa.,” is a writ of execution issued by a court directing a sheriff or other authorised officer to seize and sell the property of a judgment debtor to satisfy a judgment debt.

A fieri facias is typically issued after a judgment creditor obtains a court judgment against a debtor and the debtor fails to satisfy the judgment voluntarily. It is used as a means of enforcing the judgment by seizing and selling the debtor’s property.

Property that can be seized under a fieri facias includes real property (real estate), personal property (such as vehicles, equipment, and inventory), and intangible assets (such as bank accounts and stocks) owned by the judgment debtor.

Once a fieri facias is issued, the sheriff or other authorized officer executes the writ by seizing the debtor’s property identified in the writ and selling it at public auction. The proceeds from the sale are used to satisfy the judgment debt, with any surplus returned to the debtor.

A fieri facias directs the seizure and sale of the judgement debtor’s property to satisfy a judgement debt, whereas a writ of garnishment directs a third party (such as a bank or employer) to withhold funds owed to the judgement debtor and pay them directly to the judgement creditor.

A judgement debtor may have limited grounds to challenge a fieri facias, such as claiming exemptions for certain types of property or challenging the validity of the judgement or execution process. However, challenges are typically made through legal procedures and must be supported by valid legal arguments.

If the proceeds from the sale of the debtor’s property are insufficient to satisfy the judgment debt in full, the judgement creditor may continue to pursue other enforcement options to collect the remaining balance, such as wage garnishment or instalment payment plans.

The validity period of a fieri facias varies depending on the jurisdiction and the specific laws governing execution proceedings. In some jurisdictions, a fieri facias may remain valid for a certain period (e.g., one year) but can be renewed upon application by the judgement creditor.

No, a judgement creditor cannot use a fieri facias to seize property that is exempt from execution under applicable state or federal laws. Exempt property typically includes certain necessities such as a primary residence, clothing, and tools of trade.