Fieri Facias Defined and Explained
The foundation of this writ is a judgment for debt or damages, and the party who has recovered such a judgment is generally entitled to it.4 min read
The name of a writ of execution. It is so called because, when writs were in Latin, the words directed to the sheriff were, quod fieri facias de bonis et catallis, etc.; that you cause to be made of the goods and chattels, etc.
The foundation of this writ is a judgment for debt or damages, and the party who has recovered such a judgment is generally entitled to it, unless he is delayed by the stay of execution which the law allows in certain cases after the rendition of the judgment, or by proceedings in error.
The Form of The Writ
The writ is issued in the name of the commonwealth or of the government, as required by the constitution, and directed to the sheriff, commanding him that of the goods and chattels, and (where lands are liable for the payment of debts) of the lands and tenements of the defendant in his bailiwick, he cause to be levied as well a certain debt of dollars, which the plaintiff, in the court of (naming it) recovered against him, as dollars like money which to the said plaintiff was adjudged for his damages, which he had by the detention of that debt, and that he, (the sheriff) have that money before the judges of the said court on a day certain, (being the return day therein mentioned,) to render to the said plaintiff his debt and damages aforesaid, whereof the said defendant is convict.
It must be tested in the name of the officer, as directed by the constitution or laws as; 'Witness the honorable John B. Gibson, our chief justice, at Philadelphia, the tenth day of October, in the year of our Lord one thousand eight hundred and forty-eight. It must be signed by the prothonotory, or clerk of the court, and sealed with its seal.