The Latin phrase fieri facias means to “carry out/execute/make” or, more specifically, to “execute (a writ) by levying upon the goods of the defendant.” In more modern terms, fieri facias is used to refer to a court-ordered process to “levy and enforce the payment of money owed by a debtor who has not paid the creditor.”
When Is Fieri Facias Used?
Fieri facias is used when a court-ordered writ (such as a writ of execution or writ of attachment) has been issued but the debtor has failed to comply. To enforce the writ, the court is empowered to levy and seize the debtor’s goods or assets. In essence, fieri facias is one way for a court to enforce the payment of an existing debt.
Examples of Fieri Facias
Some common examples of fieri facias in modern practice include bank levies, wage garnishments, and foreclosure. In the case of a bank levy, a creditor may file a writ with the court that orders the debtor’s bank to seize the amount of money that the debtor owes and transfer it to the creditor. In the case of wage garnishment, the court orders the debtor’s employer to withhold a certain portion of the debtor’s wages and transfer them to the creditor. In the case of foreclosure, the court orders the seizure of the debtor’s property so that the creditor can recoup the money that is owed.
Final Thoughts on Fieri Facias
Fieri facias is an important legal concept that is used to ensure that debtors are held accountable for debts that they owe. In essence, the court will enforce the writ that has been issued by levying and seizing the debtor’s assets. It is important, therefore, for debtors to take measures to protect themselves in the event that a court issues a writ against them. Understanding this concept and taking the appropriate steps to protect yourself can save a lot of time, hassle, and money in the long run.