What is a Junior Writ? A Comprehensive Legal Overview
Definition & Meaning
A junior writ is a legal document that is issued later than a similar writ, typically by a different party or concerning a different claim against the same defendant. In execution proceedings, if property sold under execution generates more money than the amount owed, the surplus is usually returned to the defendant. However, if there is another writ against the same defendant that has been properly filed with the sheriff, the surplus will be allocated to the holder of the junior writ.
Legal Use & context
Junior writs are primarily used in civil law, particularly in execution proceedings. They play a crucial role when multiple claims are made against a defendant's assets. Understanding junior writs can help individuals navigate the complexities of debt recovery and asset distribution. Users may find it beneficial to utilize legal templates from US Legal Forms to manage their claims effectively.
Real-world examples
Here are a couple of examples of abatement:
Example 1: If a creditor files a writ against a defendant for an unpaid debt and later another creditor files a junior writ for a different claim, the surplus from the sale of the defendant's property will first go to satisfy the original writ, and any remaining funds will go to the junior writ.
Example 2: A landlord obtains a writ for unpaid rent, and a few months later, a contractor files a junior writ for unpaid services. If the property is sold and exceeds the owed amounts, the contractor may receive the surplus after the landlord's claim is settled.