Legal Definitions - writ of capias ad satisfaciendum

A writ of capias ad satisfaciendum is a formal written order issued by a court, typically after a judgment has been rendered in a civil case. Its purpose is to compel a judgment debtor (the person who owes money or has been ordered to perform an action by the court) to satisfy the judgment. Historically, this writ allowed for the arrest and imprisonment of a debtor until the debt was paid. While direct imprisonment for debt has largely been abolished in modern legal systems, this writ, or similar mechanisms, may still be used in specific circumstances to enforce compliance with court orders related to judgment satisfaction, such as appearing for a debtor's examination or turning over assets, often under the threat of contempt of court.

Here are some examples illustrating how a writ of capias ad satisfaciendum might apply:

• Failure to Appear for Debtor's Examination: Imagine a situation where a small business owner, Sarah, wins a lawsuit against a client, Mark, who owes her a significant sum for services rendered. After the court issues a judgment in Sarah's favor, Mark still refuses to pay. Sarah's attorney obtains a court order requiring Mark to appear for a "debtor's examination," where he must disclose his assets and income under oath so Sarah can identify ways to collect the judgment. If Mark repeatedly ignores these court orders and fails to appear, the court might issue a writ of capias ad satisfaciendum. This writ would authorize law enforcement to arrest Mark and bring him before the court to compel his attendance at the examination and compliance with the court's orders, thereby moving towards the satisfaction of Sarah's judgment.

• Non-Compliance with Asset Turnover Order: Consider a scenario where a court has ordered a judgment debtor, David, to turn over specific non-exempt assets, such as a particular vehicle or funds from a designated bank account, to a creditor, Emily, to satisfy a judgment. David, despite having the means, deliberately refuses to comply with this direct court order. If Emily's attorney petitions the court, and the court finds David in contempt for his willful non-compliance, a writ of capias ad satisfaciendum could be issued. This would allow for David's arrest and detention until he either complies with the order to turn over the assets or provides a satisfactory explanation to the court, thereby enforcing the judgment.