Legal Definitions - nihil habet

Nihil habet is a formal declaration made by a law enforcement officer, such as a sheriff or constable, or a professional process server. This statement indicates that they were unable to deliver a legal document (often called a "writ" or "summons") to a specific individual because that person could not be found at their last known address, or there were no assets belonging to them at that location upon which the writ could be served. Essentially, it's a declaration that the person to be served, or their relevant property, was not present where service was attempted.

• Example 1: Eviction Proceedings

  A landlord obtains a court order to evict a tenant who has stopped paying rent. The sheriff is tasked with serving the official eviction notice, known as a writ of possession, at the rental property. When the sheriff arrives, they find the apartment completely empty, cleared of all belongings, and no one is present. The tenant has apparently moved out without notice. The sheriff would then file a nihil habet return, indicating that the tenant was not found, and there were no possessions to be found at the premises upon which to serve the writ.

• Example 2: Debt Collection

  A bank has a court judgment against a borrower for an unpaid loan. To try and collect the debt, the bank obtains a writ of garnishment, which would allow them to seize the borrower's assets. The sheriff is sent to the borrower's last known residential address to serve this writ. Upon arrival, the sheriff discovers the house is vacant and appears to have been empty for some time. Neighbors confirm the borrower moved away months ago, and there are no assets belonging to the borrower at that location. The sheriff would then issue a nihil habet return, signifying that the borrower could not be located or served at the address provided, and no assets were found there.

• Example 3: Initiating a Lawsuit

  A person is suing a former business partner for breach of contract. The court issues a summons, which must be personally delivered to the former partner to inform them of the lawsuit. A process server attempts to serve the summons. The process server makes multiple attempts at the former partner's last known home address and business address, but finds both locations deserted or occupied by new residents/businesses who have no knowledge of the former partner. There are no signs of the former partner's presence or any assets that could be used for substituted service. The process server would then file a nihil habet return, stating that the defendant could not be found and therefore the summons could not be served.