Levari Facias is a legal order specific to Delaware, which instructs a sheriff to seize a person’s assets and funds until their debt is repaid. This order functions similarly to a parent taking away a toy as a consequence for a child’s misbehaviour. It is comparable to another legal order known as Fieri Facias. Various types of Levari Facias orders exist, depending on the circumstances, such as when an individual is evicted from their property or when the sheriff is unable to sell the debtor’s assets.
Levari facias is a legal term that means “that you cause to be levied.” It is a writ of execution used in Delaware, which orders a sheriff to seize a judgement debtor’s goods and income from lands until the judgement debt is paid.
For example, if a person owes money to someone and refuses to pay, the creditor can obtain a judgement against the debtor. If the debtor still does not pay, the creditor can request a levari facias. This writ allows the sheriff to seize the debtor’s property and income in order to satisfy the debt.
In summary, a levari facias is a tool used to enforce a judgement against a debtor who refuses to pay. It enables the sheriff to take the debtor’s property and income to satisfy the debt owed to the creditor.
A related term is “fieri facias,” which is another type of writ of execution. It also orders a sheriff to seize a debtor’s property to satisfy a debt. However, it differs from levari facias in that it allows the sheriff to sell the seized property to satisfy the debt.
Levari Facias is a legal term that refers to a writ of execution used in the United Kingdom to enforce a judgment debt.
Levari Facias is unique because it allows the creditor to seize and sell the debtor’s goods without the need for a prior court order.
Only a judgment creditor who has obtained a judgment debt against a debtor can apply for a Levari Facias.
Any goods belonging to the debtor that are not exempt from seizure can be taken, including personal property, vehicles, and real estate.
Yes, a debtor can challenge a Levari Facias by filing an application to set aside the writ on the grounds of procedural irregularity or mistake.
A Levari Facias is valid for one year from the date of issue, but it can be renewed for additional periods of one year.
If the proceeds from the sale of the goods are not enough to satisfy the judgment debt, the creditor can apply for a further writ of execution or take other legal action to recover the remaining amount.
No, a Levari Facias can only be used to seize assets located within the jurisdiction of the UK courts.
No, there are no limits on the amount of goods that can be seized under a Levari Facias, as long as they belong to the debtor and are not exempt from seizure.
If you receive a notice of a Levari Facias, you should seek legal advice immediately to understand your rights and options for challenging the writ or negotiating a settlement with the creditor.
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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