A writ of levari facias is a legal directive instructing a sheriff to seize a person’s possessions or funds from their property in order to satisfy a debt resulting from a court ruling. This writ is primarily utilised in Delaware and bears resemblance to another writ known as fieri facias. Historically, various forms of levari facias writs existed to address specific circumstances, such as wrongful eviction or the inability of the sheriff to sell all of the debtor’s assets to settle the debt.
A writ of levari facias is a legal document that instructs a sheriff to seize a judgement debtor’s assets and income from their property until the debt is fully paid. This writ is specifically used to enforce a court order for debt repayment. It is similar to a writ of execution, but it focuses on targeting the debtor’s property and income. For instance, if a person owes money to a creditor and refuses to pay, the creditor can take the matter to court and obtain a judgement against the debtor. The creditor can then utilise a writ of levari facias to compel the sheriff to seize the debtor’s assets and income until the debt is settled. Currently, this writ is primarily used in Delaware. Other related writs to levari facias include: Levari facias damna de disseisitoribus, which directs the sheriff to seize property to compensate for damages suffered by someone wrongfully deprived of their property rights. Levari facias quando vicecomes returnavit quod non habuit emptores, which instructs the sheriff, who has already seized some of the debtor’s property but found it unsellable, to sell additional property to cover the entire debt. Levari facias residuum debiti, which directs the sheriff to seize a debtor’s property or goods to settle the remaining balance of a partially paid debt. These writs were used in the past but are not commonly employed today.
A Writ of Levari Facias is a legal document issued by a court that authorizes the seizure and sale of a debtor’s property to satisfy a judgment debt.
A Writ of Levari Facias is typically used when a judgment creditor wants to enforce a judgment by seizing and selling the debtor’s property to recover the amount owed.
To obtain a Writ of Levari Facias, the judgment creditor must file a request with the court, providing evidence of the judgment debt and the debtor’s assets.
Under a Writ of Levari Facias, any non-exempt property owned by the debtor can be seized, including real estate, vehicles, bank accounts, and personal belongings.
No, a Writ of Levari Facias cannot be used to seize exempt property, which typically includes necessities such as clothing, furniture, and certain types of income.
A Writ of Levari Facias remains valid for a specific period, usually around one year. If the judgment creditor does not execute the writ within this timeframe, it may need to be renewed.
Yes, a debtor can challenge a Writ of Levari Facias by filing a motion with the court, claiming exemptions, disputing the judgment debt, or alleging procedural errors.
After property is seized, it is typically sold at a public auction, and the proceeds are used to satisfy the judgment debt. Any surplus funds may be returned to the debtor.
In some cases, a debtor may be able to prevent the sale of seized property by negotiating a payment plan with the judgment creditor or filing for bankruptcy.
Ignoring a Writ of Levari Facias can lead to further legal action, such as wage garnishment, bank account levies, or additional property seizures. It is important to address the writ promptly and seek legal advice if needed.
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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