Fieri facias
Encyclopedia
A fieri facias, usually abbreviated fi. fa. (Latin, that you cause to be made) is a writ of execution
after judgment obtained in a legal action for debt
or damages
. The term is used in English law
for such a writ issued in the High Court. Some jurisdiction
s in the United States
also employ this writ, such as the Commonwealth of Virginia
.
It is addressed to the sheriff
or High Court Enforcement Officer
, and commands him to make good the amount out of the goods of the person against whom judgment has been obtained.
fi. fa. can be sought on judgment debts in excess of £600. Whilst fi. fa. can be used to enforce judgments obtained in the County Court
, judgment debts of less than £5,000 are usually enforced by way of a warrant of execution
.
Hong Kong statute (High Court Ordinance (Cap 4) s 21D(1)) provides that money and banknotes, Government stock, bonds and other securities for money are amenable to attachment and sale though fieri facias. But with reference to the English case Alleyne v Darcy (1855) 5 I Ch R 56, securities for money do not include life insurance policies.
This writ was once so common that fieri facias became a slang term for a sheriff, with a pun on the "fiery [ruddy] face" of habitual drunkenness
, or for anyone with a ruddy complexion
.
Under U.S. law a judgment creditor could file a fi. fa. with the land records of the locality in which the debtor is believed to own real property
. Even though the sheriff may not actually foreclose on the property, the recorded fi. fa. will act as an encumbrance on the title
of the property, which can prevent the property from being sold or refinanced without satisfying the related judgment.
The writ
of fieri facias will be renamed a writ of control when s62(4) of the Tribunals, Courts and Enforcement Act 2007
comes into force. Such date has yet to be announced.
Writ of execution
A writ of execution is a court order granted in an attempt to satisfy a monetary judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor...
after judgment obtained in a legal action for debt
Debt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...
or damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
. The term is used in English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
for such a writ issued in the High Court. Some jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
also employ this writ, such as the Commonwealth of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
.
It is addressed to the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
or High Court Enforcement Officer
High court enforcement officers
High Court Enforcement Officers are authorised by the Lord Chancellor to execute High Court writs. They can seize and sell goods to cover the amount of a debt owed. They can also enforce and supervise the possession of property and the return of goods. They replaced Sheriff's Officers in April 2004...
, and commands him to make good the amount out of the goods of the person against whom judgment has been obtained.
fi. fa. can be sought on judgment debts in excess of £600. Whilst fi. fa. can be used to enforce judgments obtained in the County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
, judgment debts of less than £5,000 are usually enforced by way of a warrant of execution
Warrant of execution
A Warrant of Execution is a form of writ of execution used in British courts. It is a method of enforcing judgments and empowers a County Court bailiff to attend a judgment debtor’s address to take goods for sale.-Procedure:...
.
Hong Kong statute (High Court Ordinance (Cap 4) s 21D(1)) provides that money and banknotes, Government stock, bonds and other securities for money are amenable to attachment and sale though fieri facias. But with reference to the English case Alleyne v Darcy (1855) 5 I Ch R 56, securities for money do not include life insurance policies.
This writ was once so common that fieri facias became a slang term for a sheriff, with a pun on the "fiery [ruddy] face" of habitual drunkenness
Drunkenness
Alcohol intoxication is a physiological state that occurs when a person has a high level of ethanol in his or her blood....
, or for anyone with a ruddy complexion
Complexion
Complexion refers to the natural color, texture, and appearance of the skin, especially that of the face.-History:The word "complexion" is derived from the Late Latin complexi, which initially referred in general terms to a combination of things, and later in physiological terms, to the balance of...
.
Under U.S. law a judgment creditor could file a fi. fa. with the land records of the locality in which the debtor is believed to own real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
. Even though the sheriff may not actually foreclose on the property, the recorded fi. fa. will act as an encumbrance on the title
Title
A title is a prefix or suffix added to someone's name to signify either veneration, an official position or a professional or academic qualification. In some languages, titles may even be inserted between a first and last name...
of the property, which can prevent the property from being sold or refinanced without satisfying the related judgment.
The writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of fieri facias will be renamed a writ of control when s62(4) of the Tribunals, Courts and Enforcement Act 2007
Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures...
comes into force. Such date has yet to be announced.