Legal Definitions - scire facias

Scire Facias (often abbreviated as sci. fa.)

Scire Facias is a formal legal document, known as a writ, issued by a court. It serves as a notice to a specific person, requiring them to appear before the court and present a legal reason ("show cause") why a particular court record should not be altered or canceled, or, more commonly, why an old, inactive court judgment against them should not be reactivated and made enforceable again.

Essentially, it's a judicial command that informs someone that the court is considering a specific action related to a past legal matter and gives them an opportunity to argue against it.

• Example 1: Reviving an Old Debt Judgment

  Imagine a small business owner obtained a court judgment against a customer for an unpaid invoice 12 years ago. The judgment was never fully collected, and over time, it became "dormant" or inactive, meaning the business owner can no longer automatically use standard legal methods to enforce it. To pursue collection now, the business owner would file a scire facias writ. This writ would be served on the customer, compelling them to appear in court and "show cause" (provide a legal reason) why the old judgment should *not* be revived and made enforceable again. If the customer cannot present a valid legal defense (e.g., proof they already paid the debt, or that the statute of limitations for revival has definitively passed in that jurisdiction), the court would likely revive the judgment, allowing the business owner to resume collection efforts.

• Example 2: Reactivating a Child Support Order

  Consider a situation where a parent was legally ordered to pay child support 15 years ago. After several years, the payments stopped, and due to a lack of enforcement actions, the court order became inactive or "dormant." Now, the custodial parent wishes to collect the significant amount of accumulated unpaid support (known as arrearages). The custodial parent would petition the court for a scire facias writ. This writ would be served on the non-paying parent, requiring them to appear and "show cause" why the dormant child support order, including all past-due amounts, should *not* be revived and enforced. If the non-paying parent fails to provide a compelling legal defense, the court would reactivate the order, allowing the custodial parent to pursue collection of both current and past-due support.