Legal Definitions - levari facias

A levari facias is a specific type of court order, known as a writ of execution, issued to enforce a financial judgment. It directs a sheriff or similar law enforcement officer to seize a debtor's personal property (referred to as 'goods') and any income generated from their real estate (referred to as 'lands') until the full amount of the judgment debt is paid. This legal tool is primarily used today in the state of Delaware.

• Example 1: Collecting a Business Debt
  Imagine a small marketing firm, "Bright Ideas LLC," successfully sued a former client, "Global Logistics Inc.," for $75,000 in unpaid services. Despite the court's judgment, Global Logistics Inc. refuses to pay. Bright Ideas LLC could petition the court for a levari facias writ. This writ would authorize the sheriff to seize Global Logistics Inc.'s office furniture, company vehicles, or other tangible assets. Furthermore, if Global Logistics Inc. owns any warehouses or commercial properties that generate rental income, the writ would allow the sheriff to collect that income directly until the $75,000 debt is fully satisfied.

• Example 2: Enforcing a Personal Loan Judgment
  Consider a situation where Maria lent her friend, David, $30,000, which David agreed to repay. David defaulted on the loan, and Maria sued him, obtaining a judgment for the full amount. David, however, claims to have no liquid assets. Maria's attorney could seek a levari facias writ. The sheriff could then be directed to seize David's valuable personal belongings, such as a luxury watch collection or a recreational vehicle. If David also owns a small orchard that generates income from fruit sales, the writ would allow the sheriff to collect that income to contribute towards the $30,000 debt until it is fully repaid.

• Example 3: Unpaid Property Taxes (in applicable jurisdictions)
  In a jurisdiction where levari facias is utilized (such as Delaware), a local municipality might obtain a judgment against a property owner for several years of unpaid property taxes totaling $15,000. The property owner has ignored all previous notices and demands for payment. The municipality could then apply for a levari facias writ. This writ would empower the sheriff to seize any personal assets of the property owner, such as farm equipment or valuable antiques. Crucially, if the property in question is rented out, the writ would also allow the sheriff to collect the rental income directly from the tenants, directing these funds towards satisfying the outstanding tax debt until it is fully paid.