Scire Facias is a legal term that describes a written order compelling an individual to appear in court and provide a justification for why a specific record should not be cancelled or why a judgement against them should not be reinstated. It is commonly abbreviated as “sci. fa.” and can be utilised in different legal scenarios, including reviving an inactive judgement or disproving a debt. In simpler terms, it serves as a means for the court to request an explanation from someone regarding their behaviour and decisions.
Scire facias is a legal term that refers to a court order known as a writ. This writ requires an individual to appear in court and provide a reason why a recorded matter should not be annulled or vacated, or why a dormant judgement against them should not be revived. It is commonly abbreviated as “sci. fa.” For instance, an amicable scire facias is a written agreement where the person being sought for action revival agrees to the entry of an adverse judgement. Another example is a scire facias ad audiendum errores, which is a common-law writ that allows a party who has assigned an error to compel the opposing party to plead. Additionally, a scire facias sur mortgage is a writ that orders a defaulting mortgagor to show cause why the mortgage should not be foreclosed and the property sold in execution. These examples demonstrate the various legal contexts in which scire facias can be utilised, such as reviving a judgement, compelling a party to plead, or foreclosing a mortgage. In each scenario, the writ mandates the person it is issued against to appear in court and provide a reason why a specific action should not be taken.
A scire facias is a legal term that refers to a writ or legal action used to revive a judgment that has become dormant or expired.
A scire facias can be filed when a judgment has become dormant or expired, typically due to the passage of time or the failure to enforce the judgment.
The purpose of filing a scire facias is to revive a dormant or expired judgment and bring it back into active status, allowing the judgment creditor to enforce the judgment.
Generally, the judgment creditor or their legal representative can file a scire facias to revive a dormant or expired judgment.
The process for filing a scire facias may vary depending on the jurisdiction, but it typically involves preparing and filing a petition or motion with the court, providing notice to the judgment debtor, and attending a hearing to present evidence supporting the revival of the judgment.
If a scire facias is successful, the judgment will be revived and the judgment creditor can proceed with enforcing the judgment, such as by garnishing wages or seizing assets.
Yes, a scire facias can be challenged by the judgment debtor. They may argue that the judgment is no longer valid, that the scire facias was not properly served, or that there are other legal grounds to dispute the revival of the judgment.
If a scire facias is successful, the judgment debtor may face various consequences, such as having their wages garnished, their bank accounts frozen, or their property seized to satisfy the judgment.
The time limit for filing a scire facias may vary depending on the jurisdiction and the specific circumstances of the case. It is important to consult with a legal professional to determine the applicable time limit in your situation.
A scire facias can generally be used to revive any type of judgment, including monetary judgments, default judgments, or judgments related to specific performance or injunctions. However, it is advisable to consult with a legal professional to ensure that a scire facias is the appropriate legal remedy for your specific judgment.
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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