Capias ad faciendum is a legal order that allows a creditor to enforce a judgment against a debtor. This writ authorizes law enforcement to arrest the debtor and may lead to their imprisonment until they comply with the court's order, such as paying a debt or appearing in court. It is typically used when a debtor fails to meet the terms of a judgment.
This term is primarily used in civil law, particularly in cases involving debt collection. It is a tool for creditors seeking to compel debtors to fulfill their obligations as ordered by the court. Users can often manage the necessary forms and procedures themselves, utilizing templates from US Legal Forms that are drafted by experienced attorneys.
Here are a couple of examples of abatement:
For instance, if a person owes money for a loan and fails to repay it after a court judgment, the creditor may request a capias ad faciendum to have the debtor arrested until they make payment. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Generally allows capias ad faciendum but has specific rules on debtor's rights. |
| Texas | Capias ad faciendum is commonly used, but there are strict requirements for issuing the writ. |
| New York | Requires additional steps before a capias ad faciendum can be issued, focusing on debtor protections. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Description | Difference |
|---|---|---|
| Writ of attachment | A court order to seize a debtor's property before a judgment is made. | Capias ad faciendum involves arrest, while writ of attachment involves property seizure. |
| Contempt of court | A legal finding that someone has disobeyed a court order. | Contempt may lead to penalties, but capias ad faciendum specifically involves arrest for non-compliance with a judgment. |
If you are facing a capias ad faciendum, it is crucial to understand your rights and options. You may want to:
Browse our library of 85,000+ state-specific legal templates.
You should seek legal advice immediately and consider resolving the underlying debt to avoid arrest.