The term "scire facias quare restitutionem non" refers to a legal writ used to seek restitution after a judgment has been executed, but the awarded money has not been paid to the plaintiff. This situation typically arises when the judgment is later reversed due to an error or on appeal. In simpler terms, it is a request to explain why restitution has not been made.
This term is primarily used in civil law contexts, particularly in cases involving judgments and appeals. It is relevant in situations where a plaintiff has not received the funds awarded to them after a court ruling, especially when that ruling is overturned. Users may find that they can manage some aspects of this process themselves using legal templates from US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
(Hypothetical example) A plaintiff wins a court case and is awarded $10,000. After the judgment is executed, the plaintiff does not receive the money. Later, the judgment is reversed on appeal due to a legal error. The plaintiff can file a scire facias quare restitutionem non to request an explanation for the unpaid restitution.
Examples of state differences (not exhaustive)
| State | Key Differences |
|---|---|
| California | Specific procedures for filing may differ; consult local rules. |
| New York | Different time limits for filing a writ after a judgment reversal. |
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. | Focuses on enforcing a judgment rather than seeking restitution. |
| Appeal | A request to a higher court to review a lower court's decision. | Appeals challenge the judgment itself, while scire facias quare restitutionem non addresses restitution after a judgment is reversed. |
If you find yourself in a situation where a judgment has been executed but restitution has not been received, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by state and court. |
| Jurisdiction | Civil courts where the original judgment was issued. |
| Possible Outcomes | Restitution granted, explanation provided, or dismissal. |
It means a request to explain why restitution has not been made after a judgment has been executed.