Legal Definitions - falso retorno brevium

Falso retorno brevium is a historical legal term originating from Law Latin. It refers to a legal action or a writ (a formal written order from a court) that could be brought against a sheriff or similar official for making a false report to the court regarding the execution of another writ.

In historical legal systems, courts would issue various writs to command officials, typically sheriffs, to perform specific duties, such as serving legal documents, seizing property, or making arrests. After attempting to carry out the court's order, the sheriff was required to "return" the writ to the court, meaning they would submit a formal report detailing what actions were taken, or explaining why the order could not be fulfilled.

Falso retorno brevium specifically addressed situations where a sheriff deliberately provided a false, inaccurate, or misleading report to the court about their execution of a writ. This could involve claiming to have performed an action they did not, misrepresenting the outcome of their efforts, or fabricating details to avoid accountability.

Here are some examples illustrating this concept:

• Example 1: False Service of a Summons

  A court issues a writ, known as a summons, instructing a sheriff to personally deliver legal papers to a defendant, notifying them of a lawsuit. The sheriff, perhaps due to laziness or a desire to avoid confrontation, never actually delivers the papers to the defendant. Instead, the sheriff files a formal report with the court falsely stating that the defendant was properly served at their residence on a specific date and time. In this scenario, the sheriff's false report would have been grounds for a falso retorno brevium action, as it misrepresented the execution of the court's order.

• Example 2: Misrepresenting Property Seizure

  Following a court judgment for an unpaid debt, a court issues a writ of execution, ordering a sheriff to seize specific assets from the debtor to satisfy the judgment. The sheriff attempts to locate the assets but is unsuccessful. To avoid appearing incompetent or to cover up a failure to perform due diligence, the sheriff files a report with the court claiming that the specified assets were indeed seized and are being held, when in fact, no such seizure occurred. This deliberate misrepresentation of the execution of the writ would constitute a falso retorno brevium.

• Example 3: Fabricated Arrest Report

  A court issues a writ for the arrest of an individual who has failed to appear in court. The sheriff is tasked with locating and apprehending this person. After a brief, half-hearted attempt, the sheriff gives up but then submits a detailed report to the court asserting that they conducted an extensive search, visited multiple locations, and interviewed several witnesses, but the individual "could not be found." If it could be proven that the sheriff's report of diligent effort was entirely fabricated and no real attempt was made, this false account of the execution of the arrest writ would fall under the concept of falso retorno brevium.