Legal Definitions - via executiva

The term via executiva (pronounced VEE-ah ex-eh-koo-TEE-vah) refers to a streamlined and expedited legal procedure designed to enforce an existing right or obligation that is already clearly established by a document or a prior court decision. It allows for the swift collection of debts or enforcement of judgments without the need for a full, lengthy trial, as the underlying claim is considered undisputed or already proven by the supporting documentation.

Here are some examples to illustrate how via executiva might apply:

• Example 1: Bank Collecting on a Defaulted Loan

  Imagine a situation where a bank has a loan agreement signed by a borrower who has subsequently defaulted on their payments. The loan agreement clearly specifies the amount owed, the interest rate, and the terms of repayment. Instead of initiating a full lawsuit to prove the existence of the debt and the borrower's obligation, the bank can often use a via executiva procedure.

  This illustrates the term because the loan agreement itself serves as strong, clear evidence of the debt. The bank doesn't need to relitigate whether the loan exists or if the borrower agreed to pay; they only need to demonstrate the default to quickly move towards collecting the outstanding balance, potentially through seizing assets or garnishing wages, without a protracted trial.

• Example 2: Landlord Enforcing an Eviction Order

  Consider a landlord who has successfully obtained a court judgment for eviction against a tenant who failed to pay rent as stipulated in their lease agreement. Despite the court order, the tenant refuses to vacate the property. The landlord needs a way to enforce this existing judgment quickly.

  This illustrates the term because the court's eviction judgment is a clear, established legal right. The landlord can use a via executiva process to enforce this existing judgment, allowing for a rapid enforcement action, such as having a sheriff remove the tenant, without needing to go through another full trial to prove the grounds for eviction again.

• Example 3: Government Collecting Unpaid Taxes

  Suppose a tax authority has conducted an audit and issued a final assessment for unpaid taxes against a business. The business has exhausted all available administrative appeals, and the tax assessment has become final and binding. The government now needs to collect these outstanding taxes.

  This illustrates the term because the final tax assessment itself acts as the clear and undisputed evidence of the debt owed to the government. The tax authority can use a via executiva procedure to proceed directly to collection actions, such as placing liens on property or seizing assets, without needing to file a new lawsuit to prove the tax liability in court.