Capias extendi facias is a legal order that directs a sheriff to arrest a debtor who has failed to fulfill a financial obligation to the Crown. This writ is part of the enforcement process used to compel individuals to pay debts or comply with court judgments.
This term is primarily used in the context of civil law, particularly in cases involving debt collection. It is a tool for creditors, including the Crown, to recover amounts owed by individuals. Users may encounter this term when dealing with legal forms related to debt enforcement or court orders. Legal templates available from US Legal Forms can assist users in navigating these processes effectively.
Here are a couple of examples of abatement:
For instance, if a business wins a judgment against a debtor for unpaid services, it may request a capias extendi facias to compel the sheriff to arrest the debtor for non-payment. This action can lead to the debtor being taken into custody until the debt is settled (hypothetical example).
| State | Key Differences |
|---|---|
| California | Uses a different term for similar processes, such as "writ of attachment." |
| New York | Allows for a more streamlined process for certain types of debts. |
| Texas | Has specific rules regarding the execution of the writ and debtor rights. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Writ of Execution | A court order to enforce a judgment. | More general; can apply to various types of judgments, not just debts. |
| Writ of Attachment | A court order to seize property before a judgment. | Used before a judgment is issued, unlike capias extendi facias. |
If you are facing a capias extendi facias, it is important to take it seriously. You may want to:
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You should respond promptly to avoid arrest. Consider contacting a legal professional.