fieri facias (writ of)

This writ forms part of the law of execution.When a judgment debt remains unsatisfied, this method of execution may be issued by a court without notice to the judgment debtor (a feature in common with charging orders) upon paying a fee. Once in receipt of the writ a warrant will be sealed and issued by a High Court Enforcement Officer. An agent of an enforcement officer then attends the premises of the judgment debtor and the assets seized.

If it is the case that the debtor deals with goods subject to the writ after being served, a High Court Enforcement Officer maintains the right to seize the goods from subsequent owners, subject only to whether the later owner (1) they acquired them with notice of the writ (or other enforcement device) and remained unexecuted at the time, and (2) for valuable consideration.

Endorsement by enforcement officer completed by writing the time and date on the back of the order. This determines the priority of writs, including multiple writs over the same property endorsed on the same day.

Usage: The judgment debtor made a without notice application for a writ of fieri facias to enforce the judgment debt.

Related Words: judgment debt; writ of execution; sequestration (writ of); litigation; res judicata; fieri facias (writ of); cause of action; delivery (writ of); damages; pleadings; elegit (writ of); third party debt order; judgment creditor; possession (writ of).