fieri facias
Noun: A judicial writ, issued after a judgment in favor of a creditor, that commands a sheriff to seize and sell a debtor's personal property to satisfy (pay) the debt.
This is a formal, historical legal term. It is used specifically in the context of court-ordered debt collection. * The creditor obtained a fieri facias to enforce the monetary judgment. * The court issued a writ of fieri facias against the defendant's assets.
- Often abbreviated in legal documents as "fi. fa.".
- The term is part of a formal Latin phrase meaning "that you cause to be made." It instructs the sheriff to "cause to be made" the sum of money from the debtor's goods.
- It is a type of writ of execution, which is a broader category of court orders to enforce a judgment.
- Writ of execution (n): The general term for a court order to enforce a judgment, under which a falls.
- Levy (n/v): The act of seizing property to satisfy a debt; the verb form describes the action taken under a .
- Distrain (v): To seize property to obtain payment, often used in different legal contexts but related in concept.
- Writ of execution (in its specific function for personal property)
This term applies specifically to the seizure of personal property (movable goods like vehicles, equipment, or inventory). A different writ, called an "elegit," historically applied to the seizure of real property (land and buildings). In modern legal systems, the procedures and terminology for debt collection have evolved, but the concept remains.
- a writ ordering a levy on the belongings of a debtor to satisfy the debt