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Simple English definitions for legal terms
writ of levari facias
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A quick definition of writ of levari facias:
A writ of levari facias is a legal order that tells a sheriff to take a person's things, like their belongings or money from their land, to pay off a debt they owe because of a court judgment. This writ is mostly used in Delaware. It is similar to another writ called fieri facias. In the past, there were different types of levari facias writs for different situations, like when someone was wrongfully kicked off their land or when the sheriff couldn't sell all of the debtor's property to pay off the debt.
A more thorough explanation:
A writ of levari facias is a legal document that orders a sheriff to seize a judgment debtor's goods and income from lands until the judgment debt is satisfied. This writ is used to enforce a court order to pay a debt. It is similar to a writ of execution, but it specifically targets the debtor's property and income.
For example, if someone owes money to a creditor and refuses to pay, the creditor can go to court and obtain a judgment against the debtor. The creditor can then use a writ of levari facias to force the sheriff to seize the debtor's property and income until the debt is paid.
This writ is now used mainly in Delaware.
Other types of writs related to levari facias include:
- Levari facias damna de disseisitoribus: A writ directing the sheriff to levy property to pay damages owed to one wrongfully dispossessed of a freehold estate.
- Levari facias quando vicecomes returnavit quod non habuit emptores: A writ directing a sheriff, who had already seized some of the debtor's property and found it unsalable, to sell as much additional property as necessary to pay the entire debt.
- Levari facias residuum debiti: A writ directing the sheriff to levy upon a debtor's lands or goods to pay the remainder of a partially satisfied debt.
These writs were used in the past and are not commonly used today.