Legal Definitions - fieri facias

The term fieri facias (often abbreviated as fi.fa.) refers to a formal court order, known as a writ of execution. This writ directs a law enforcement officer, typically a sheriff or marshal, to seize and sell a debtor's property to satisfy a monetary judgment that has been awarded by a court.

Essentially, if someone owes money due to a court judgment and has not paid, the person or entity owed the money can ask the court for a fieri facias. This legal document then empowers the designated officer to take control of the debtor's assets and sell them, with the proceeds going towards paying off the outstanding debt.

Here are a few examples to illustrate how fieri facias works:

• Example 1: Business Debt Collection

  Imagine "Tech Solutions Inc." sued "Office Supplies Co." for failing to deliver specialized computer equipment after payment was made. Tech Solutions Inc. won the lawsuit, and the court ordered Office Supplies Co. to pay $75,000. However, Office Supplies Co. still refuses to pay the judgment. Tech Solutions Inc. can then apply to the court for a fieri facias writ. This writ would direct the local sheriff to identify and seize assets belonging to Office Supplies Co., such as office furniture, inventory, or company vehicles. The sheriff would then sell these seized assets at a public auction, and the money generated from the sale would be used to pay the $75,000 judgment owed to Tech Solutions Inc.

• Example 2: Personal Loan Default

  Consider a situation where Mr. Peterson defaulted on a significant personal loan from "Community Bank." The bank sued Mr. Peterson and obtained a court judgment for the unpaid loan amount of $40,000. Despite the judgment, Mr. Peterson has not made any payments. Community Bank could then obtain a fieri facias writ. This writ would authorize the sheriff to locate and seize non-exempt personal property belonging to Mr. Peterson (meaning property not protected by law from seizure, such as a second vehicle, valuable collectibles, or other assets). The sheriff would then sell these items, and the proceeds would be applied towards satisfying the $40,000 debt owed to Community Bank.