Scire Facias: A Comprehensive Guide to Its Legal Implications
Definition & Meaning
Scire facias is a legal writ that compels a defendant to appear in court to explain why a judgment against them should not be enforced. This writ is primarily used in the context of reviving or enforcing a judgment that has not been paid within a specified time frame. If a plaintiff has a money judgment that has expired, they may file a scire facias to request the court to revive the judgment, requiring the defendant to justify why the judgment should not be reinstated.
Legal Use & context
Scire facias is utilized mainly in civil law, particularly in cases involving the enforcement of monetary judgments. It allows plaintiffs to revive judgments that may have lapsed due to non-payment. Users can manage this process with legal templates provided by services like US Legal Forms, which offer ready-to-use forms drafted by qualified attorneys.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A plaintiff obtained a judgment for $10,000 against a defendant in 2015. By 2021, the judgment has not been paid, and the plaintiff files a scire facias to revive the judgment, compelling the defendant to appear in court to explain why the judgment should not be enforced.
Example 2: A defendant receives a notice to appear in court after a plaintiff files a scire facias to enforce a judgment that has lapsed. The defendant must provide reasons for not paying the judgment to avoid further legal consequences. (hypothetical example)