Nulla bona is a legal term that translates to "no goods." It is used when a sheriff or constable is unable to find any property belonging to a judgment debtor that can be seized to satisfy a court judgment. In such cases, the sheriff returns the execution writ with the notation "nulla bona," indicating that there are no assets available within the jurisdiction to enforce the judgment.
Nulla bona is primarily used in civil law contexts, particularly in debt collection cases. When a creditor obtains a judgment against a debtor, they may seek to collect the debt by having a sheriff or constable enforce the judgment. If the debtor has no seizable property, the nulla bona return serves as formal documentation of the inability to collect the debt.
This term can be relevant in various legal situations, including:
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Here are a couple of examples of abatement:
Example 1: A creditor wins a court judgment against a debtor for unpaid loans. The sheriff attempts to seize the debtor's car but finds it is not registered in the debtor's name. The sheriff returns the writ with a nulla bona notation, indicating no goods could be seized.
Example 2: A landlord obtains a judgment for unpaid rent. The sheriff finds that the tenant has no bank accounts or property to seize. The sheriff files a nulla bona return, showing the landlord that collection efforts were unsuccessful. (hypothetical example)
| State | Notes |
|---|---|
| California | Allows for wage garnishment as an alternative collection method. |
| Texas | Has specific exemptions for certain types of property that cannot be seized. |
| New York | Provides additional protections for debtors regarding personal property. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Execution | The process of enforcing a court judgment. | Execution refers to the overall process, while nulla bona specifically indicates no goods were found. |
| Levy | The act of seizing property to satisfy a judgment. | Levy involves the actual seizure, whereas nulla bona is the result of a failed attempt to levy. |
If you receive a nulla bona return, it indicates that collection efforts have been unsuccessful. Here are steps you can take:
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It means "no goods" and is used when a sheriff cannot find property to seize for a judgment.