Legal Definitions - fi. fa.

Fi. fa. is an abbreviation for fieri facias, a Latin legal term meaning "cause to be made" or "cause to be done." In legal practice, a fi. fa. refers to a formal court order, often called a writ, issued to a sheriff or other authorized law enforcement officer. This writ directs the officer to seize and sell the property of a debtor (the person who owes money) to satisfy a money judgment that a court has awarded to a creditor (the person to whom money is owed). It is a crucial tool for creditors to enforce judgments and recover debts.

• Example 1: Business Debt Collection

  Imagine "Tech Solutions Inc." provided IT services to "Local Retailers LLC" but was never paid the $75,000 owed. Tech Solutions Inc. sued Local Retailers LLC and won a judgment for that amount. Despite the judgment, Local Retailers LLC refused to pay.

  Tech Solutions Inc. could obtain a fi. fa. from the court. This writ would empower the local sheriff to identify and seize assets belonging to Local Retailers LLC, such as computers, office furniture, or even funds in their business bank accounts. The sheriff would then sell these assets to generate the $75,000 needed to satisfy the judgment owed to Tech Solutions Inc.

• Example 2: Unpaid Personal Loan

  Ms. Chen lent her friend, Mr. Davis, $15,000, which he promised to repay within a year. After two years, Mr. Davis still hadn't paid, so Ms. Chen sued him and obtained a court judgment for the full amount plus interest. Mr. Davis, however, continued to ignore the judgment.

  Ms. Chen could apply for a fi. fa. The court would issue this writ, authorizing the sheriff to locate and seize Mr. Davis's non-exempt personal property (items not protected by law from seizure, such as luxury items or additional vehicles) or place a lien on any real estate he owns. The ultimate goal would be to sell these assets to recover the $15,000 owed to Ms. Chen.

• Example 3: Lien on Real Estate

  A homeowner, Mr. Thompson, hired "Quality Roofing Co." to replace his roof, but after the work was completed, he disputed the final bill and refused to pay the remaining $10,000. Quality Roofing Co. sued Mr. Thompson and secured a judgment against him for the unpaid amount.

  Quality Roofing Co. could record a fi. fa. in the county's land records where Mr. Thompson's property is located. In many jurisdictions, recording a fi. fa. against a debtor who owns real estate creates a legal claim, or lien, on that property. This means that if Mr. Thompson later tries to sell or refinance his home, the outstanding judgment (now a recorded lien via the fi. fa.) would typically need to be paid off from the proceeds of the sale or refinancing before the transaction could be finalized, ensuring Quality Roofing Co. receives its payment.