Duhaime's Law Dictionary


Fieri Facias Definition:

Latin: that you cause to be made. Mostly used to refer to a writ of judgment enforcement obtained under the old common law of England.

Related Terms: Judgment Debtor, Audita Querela

Derived from the Latin expression quod fieri facias de bonis et caiallis: that you cause to be made of the goods and chattels.

A legal proceeding which commands a sheriff to take and sell enough property from the person who lost a law suit, to pay the debt or damages owed by the judgment. It was the natural next step after obtaining a judgment in debt or damages against the judgment debtor.

A writ of fieri facias commands a sheriff to take and sell enough property from the person who lost the law suit, to pay the debt or damages owed by the judgment.

According to William Rastell's Termes de la Ley, the fieri facias describes the process of obtaining a fieri facias writ and engaging the local sheriff in the process of seizing the debtor's proper to satisfy the judgment obtained, especially in that it lasts only for "a year and a day".

Similarly, John Bouvier's dictionary suggests that the fieri facias writ directs the sheriff to seize the goods or the debtor to satisfy the judgment upon which the writ is based. Also, that from the date of the writ fieri facias, until "one year and a day later", the goods of the judgment debtor were bound first to the judgment creditor.

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