Legal Definitions - de bonis non amovendis

De bonis non amovendis is a historical legal term that refers to a specific type of court order, or writ, issued in England. Its primary purpose was to prevent a defendant from moving, selling, or otherwise disposing of their personal property while they were appealing a judgment made against them.

This writ served as a protective measure, ensuring that if the defendant's appeal was ultimately unsuccessful, there would still be assets available to satisfy the original judgment. It essentially froze the defendant's movable goods to preserve the judgment creditor's ability to collect what they were owed.

Here are some examples illustrating how this historical writ would have applied:

• Business Dispute: Imagine a scenario where a manufacturing company was sued by a supplier for breach of contract and lost, resulting in a large monetary judgment against them. The manufacturing company decided to appeal the court's decision. Concerned that the company might try to sell off its valuable machinery, inventory, or other movable assets during the lengthy appeal process, the supplier could have sought a de bonis non amovendis writ. This writ would legally prevent the manufacturing company from liquidating or moving these assets until the appeal was fully resolved, ensuring funds would be available if the original judgment was upheld.

• Individual Debt Collection: Consider an individual who was found liable in court for a significant personal debt and ordered to pay a substantial sum. The individual believed there was a legal error in the initial ruling and filed an appeal. To safeguard the creditor's ability to collect the debt if the appeal failed, a de bonis non amovendis writ could have been issued. This would prevent the individual from selling valuable personal belongings, such as a luxury vehicle, an extensive art collection, or expensive jewelry, during the appeal period, thereby preserving assets for potential collection.

• Property Damage Case: Suppose a homeowner was successfully sued by a neighbor for extensive damages caused to their property due to negligence, and a court ordered them to pay a large sum in compensation. The homeowner, believing the judgment was flawed, decided to appeal. While the judgment was for damages, its enforcement would rely on the homeowner's assets. A de bonis non amovendis writ could have been used to ensure that the homeowner did not sell off valuable movable assets, such as expensive tools, recreational vehicles, or other significant personal property, that could be used to satisfy the judgment if the appeal was unsuccessful. This ensured the judgment creditor had a means of recovery.