Legal Definitions - excuss

To excuss means to legally seize and take possession of property or assets, typically under the authority of a court order or other legal process. This action is often taken to satisfy a debt, judgment, or legal claim, or because the property is involved in illegal activity.

• Example 1: Satisfying a Debt Judgment

  Imagine a situation where a contractor completes a major renovation project but the client refuses to pay the final invoice. The contractor sues the client and wins a court judgment for the unpaid amount. If the client still doesn't pay, the court might issue an order allowing the sheriff to excuss some of the client's non-essential assets, such as a luxury vehicle or funds from a bank account, to satisfy the judgment. This means the assets are legally seized and taken into possession to cover the debt.

• Example 2: Property Linked to Criminal Activity

  Consider a scenario where law enforcement uncovers a large-scale counterfeiting operation. During the investigation, they discover a warehouse full of sophisticated printing equipment and counterfeit goods. A court order is then obtained to excuss this equipment and the fake products. This action legally seizes and takes possession of the items, preventing their further use in illegal activities and holding them as evidence or for potential forfeiture to the state.

• Example 3: Default on a Secured Loan

  Suppose a small business takes out a loan to purchase new machinery, using the machinery itself as collateral. If the business defaults on the loan payments, the lender, after following the proper legal procedures and obtaining a court order, may excuss the machinery. This means the lender legally takes possession of the equipment to sell it and recover the outstanding loan amount, as agreed upon in the loan contract.