Full question:
law term capias in regard tono pay ment for reposest auto
- Category: Automobiles
- Date:
- State: Massachusetts
Answer:
CAPIAS: [Latin, That you take.] The name for several different kinds of writs, or court orders, all of which require an officer to take the defendant into custody.
For example, a capias ad audiendum judicium is a writ that orders the defendant brought back before the court after an appearance in which the person has been found guilty of a misdemeanor. A capias ad satisfaciendum orders the sheriff to take the defendant into custody until a judgment is paid or a discharge is granted on the ground that the defendant is an insolvent debtor. This is a body execution.
Several writs and processes, commanding the sheriff to take the person of the defendant, are known by the name of capias. For example: there are writs of capias ad respondendum, writs of capias ad computandum, writs of capias ad satisfaciendum.
http://legal-dictionary.thefreedictionary.com/Capias
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Any of the above terms, such as capias ad satisfaciendum, can be looked up on Google. For extensive definitions, please see this page:
http://www.lectlaw.com/def/c188.htm
Normally (uniformly, it could be said), the repossession of a vehicle due to failure to pay payments does not involve the taking into custody of the debtor.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.