- Fieri facias
English law, "fieri facias", usually abbreviated "fi. fa." (Latin "that you cause to be made") is a writ of executionissued in the High Court after judgment obtained in a legal actionfor debtor damages.
It is addressed to the
sheriffor High Court Enforcement Officer, and commands him to make good the amount out of the goods of the person against whom judgment has been obtained. As of March 2008"fi. fa." can be sought on judgment debts in excess of £600. Whilst "fi. fa." can be used to enforce judgments obtained in the County Court, judgment debts of less than £5,000 are usually enforced by way of a warrant of execution.
Hong Kong statute ( High Court Ordinance (Cap 4) s 21D(1)) provides that money and banknotes, Government stock, bonds and other securities for money are amenable to attachment and sale though fieri facias. But with reference to the English case Alleyne v Darcy (1855) 5 I Ch R 56, securities for money do not include life insurance policies.
This writ was once so common that "fieri facias" became a slang term for a sheriff, with a pun on the "fiery [ruddy] face" of habitual
drunkenness, or for anyone with a ruddy complexion.
Typically, a judgment creditor will record a "fi. fa." with the land records of the locality in which the debtor is believed to own
real property. Even though the sheriff may not actually forecloseon the property, the recorded "fi. fa." will act as an encumbrance on the titleof the property, which can prevent the property from being sold or refinanced without satisfying the related judgment.
writof "fieri facias" was renamed a writ of control when the Tribunals, Courts and Enforcement Act 2007, s.62 came into force.
* [http://www.lectlaw.com/def/f112.htm Lect Law Library]
* [http://www.harvestfields.ca/etextLinks/31/00.htm A Dictionary of the Vulgar Tongue]
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