In the past, when a defendant in a personal lawsuit could not be located by the sheriff in Middlesex county, a writ of latitat was used. This legal document was issued to summon the defendant to appear in the king’s bench. It was called latitat because it was believed that the defendant was hiding in a different county. However, the writ was abolished in 1832 by the Process in Courts of Law at Westminster Act.
The writ of latitat was a legal document used in England and Wales before 1832 in personal actions when the defendant could not be found. It was issued after the sheriff returned a bill of Middlesex with the notation of the defendant’s absence. The writ, named for its fictitious claim that the defendant was lurking in the county, was used to summon individuals to answer in the king’s bench. It was directed to the sheriff of the county where the defendant was believed to be hiding. However, the writ of latitat was abolished by the Process in Courts of Law at Westminster Act of 1832 (St. 2, Will. 4, ch. 39).
A Writ of Latitat is a legal document issued by a court that allows a plaintiff to initiate a lawsuit against a defendant whose whereabouts are unknown.
A Writ of Latitat can be used when a plaintiff wants to sue a defendant but does not know their current location or address.
Once the court issues a Writ of Latitat, it is served to the defendant’s last known address. If the defendant fails to respond or cannot be located, the plaintiff can proceed with the lawsuit and obtain a default judgment.
Yes, a Writ of Latitat can be used in any civil lawsuit where the defendant’s whereabouts are unknown.
Yes, there is usually a time limit for serving a Writ of Latitat, which varies depending on the jurisdiction. It is important to consult with an attorney to ensure compliance with the specific rules in your jurisdiction.
Yes, a defendant can challenge a Writ of Latitat by providing evidence that they were not properly served or that their whereabouts were known to the plaintiff.
If a defendant is located after a Writ of Latitat is issued, they can file a motion to set aside the default judgment and request an opportunity to defend themselves in the lawsuit.
No, a Writ of Latitat is not applicable in criminal cases. It is only used in civil lawsuits.
Yes, a Writ of Latitat can be used internationally, but the process may vary depending on the country’s legal system and any applicable international treaties.
No, a Writ of Latitat is only used to initiate a lawsuit. Once a judgment is obtained, separate legal procedures are required to enforce and collect the 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: 16th April 2024.
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