A ''fieri facias'', usually abbreviated ''fi. fa.'' (

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

for ''that you cause to be made''), is a

writ of execution A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. When issuing a writ of execution, a court typically will order a sheriff or other similar of ...

after judgment obtained in a

legal action In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...

for

debt Debt is an obligation that requires one party, the debtor, to pay money or other agreed-upon value to another party, the creditor. Debt is a deferred payment, or series of payments, which differentiates it from an immediate purchase. The ...

damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...

for the sheriff to levy on goods of the

judgment debtor In English and American law, a judgment debtor is a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied. Such a person may be examined as to their assets, and if the judgment debt is of the ne ...

. The term is used in English law for such a writ issued in the High Court. Some

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

s in the United States also employ this writ, such as the Commonwealth of

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...

England and Wales

It is addressed to the sheriff or

High Court enforcement officer A High Court enforcement officer (HCEO) is an officer of the High Court of England and Wales responsible for enforcing judgements of the High Court, often by seizing goods or repossessing property. Prior to 2004, HCEOs were known as ''sheriff's ...

, and commands him to make good the amount out of the goods of the person against whom judgment has been obtained. ''fi. fa.'' can be sought in England and Wales on judgment debts in excess of £600. Whilst ''fi. fa.'' can be used to enforce judgments obtained in the county court and High Court. In April 2014 the writ was renamed a writ of control as part of the

Tribunals, Courts and Enforcement Act 2007 The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental ...

. This writ was once so common that ''fieri facias'' became a slang term for a sheriff, with a pun on the "fiery uddyface" of habitual drunkenness, or for anyone with a ruddy complexion. In England and Wales, the

writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...

of ''fieri facias'', except for writs of ''fieri facias de bonis ecclesiasticis'', was renamed to "writ of control" by the Tribunals, Courts and Enforcement Act 2007 on 6 April 2014.

Ireland

In the

Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...

, ''fieri facias'' is used to describe a High Court Judgment against property, which permits a sheriff or county registrar to seize goods.

Hong Kong

Hong Kong statute (High Court Ordinance (Cap 4) s 21D(1)) provides that money and banknotes, government stock, bonds and other securities for money are amenable to attachment and sale though ''fieri facias''. But with reference to the English case ''Alleyne v Darcy'' (1855) 5 I Ch R 56, securities for money do not include life insurance policies.

United States

Under U.S. law a judgment creditor could file a ''fi. fa.'' with the land records of the locality in which the debtor is believed to own real property. Even though the sheriff may not actually

foreclose Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. Formally, a mort ...

on the property, the recorded ''fi. fa.'' will act as an encumbrance on the

title A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...

of the property, which can prevent the property from being sold or refinanced without satisfying the related judgment.

References

External links

Legal documents with Latin names Writs English legal terminology {{law-stub