Legal Definitions - writ of audita querela

A writ of audita querela is a rare legal tool used to prevent the enforcement of a court judgment that was valid when it was issued, but has since become unjust or impossible to enforce due to new circumstances or defenses that arose after the judgment was finalized. It is typically sought when the person against whom the judgment was issued had no opportunity to present these new facts or defenses in the original legal proceeding or through standard post-judgment motions.

Historically, this writ provided a remedy when no other legal avenue was available to address a post-judgment injustice. Today, its use is largely superseded by modern statutory motions, such as motions for relief from judgment, but it may still be available in very specific and limited circumstances where those other remedies are insufficient or unavailable.

Here are some examples illustrating when a writ of audita querela might be considered:

• Example 1: Debt Satisfaction After Judgment

  Imagine a court issues a judgment ordering Sarah to pay a specific sum of money to David for an unpaid loan. After the judgment is finalized, Sarah and David reach a new agreement where Sarah pays a reduced amount, and David signs a document acknowledging full satisfaction of the debt and releasing Sarah from any further obligation related to the judgment. Despite this, David later attempts to enforce the original, higher judgment against Sarah. Sarah could potentially seek a writ of audita querela to prevent the enforcement of the original judgment, arguing that the debt has been satisfied through a subsequent agreement, making the enforcement of the original judgment unjust.

• Example 2: Guarantor's Obligation Extinguished

  A bank obtains a judgment against Mark, who acted as a guarantor for his friend Lisa's business loan. The judgment requires Mark to pay the outstanding loan amount because Lisa defaulted. A few months after this judgment against Mark is issued, Lisa's business unexpectedly receives a large investment, allowing her to fully pay off the original loan to the bank. However, the bank still attempts to collect the judgment amount from Mark. Mark could petition for a writ of audita querela, arguing that the primary debt, which was the basis of his guarantee and the subsequent judgment, has now been fully satisfied by Lisa, making the enforcement of the judgment against him unjust.

• Example 3: Performance Becomes Impossible

  A court issues a judgment ordering a construction company, "BuildRight Inc.," to specifically perform a contract to build a unique custom home on a particular plot of land for a client. After the judgment is entered, but before construction begins, the local government unexpectedly condemns the specific plot of land for a new public park, making it legally impossible for BuildRight Inc. to construct the home as ordered. If the client still tries to enforce the judgment for specific performance, BuildRight Inc. might seek a writ of audita querela. They would argue that a new, unforeseen event (the land condemnation) has made the performance of the judgment impossible, and therefore, enforcing the original judgment would be unjust.