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Encyclopedia > Fieri facias

Fieri facias, usually abbreviated ft. fa. (Lat. that you cause to be made), in English law, a writ of execution after judgment obtained in action of debt or damages. It is addressed to the sheriff, and commands him to make good the amount out of the goods of the person against whom judgment has been obtained. English law, the law of England and Wales (but not Scotland and Northern Ireland), also known generally as the common law (as opposed to civil law), was exported to Commonwealth countries while the British Empire was established and maintained, and persisted after the British withdrew or were expelled, to form... In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. ... Sheriff is both a political and a legal office held under English common law, Scots law or American common law, or the person who holds such office. ...


This article incorporates text from the public domain 1911 Encyclopædia Britannica. The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ... The Eleventh Edition of the Encyclopædia Britannica (1911) in many ways represents the sum of knowledge at the beginning of the 20th century. ...


Lect Law Library (http://www.lectlaw.com/def/f112.htm)


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Duely and Constantly Kept (1107 words)
When the sheriff of the county where the judgment debtor resided returned the writ saying that the defendant was "not found," a writ of testatum fieri facias might be issued to the sheriff of another county where the debtor was believed to be located.
This series consists of writs of possession (habere facias possessionem) commanding a sheriff to give possession of real property to the person who was entitled to it by a judgment of the Supreme Court in an action of ejectment.
Some of the writs include a clause of fieri facias, directing the sheriff to levy costs of the action from the personal property of the person wrongfully in possession of the parcel; or a clause of capias ad satisfaciendum, directing him to arrest and imprison that person until costs were paid.
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