Fieri Facias is a Latin term used in legal proceedings to refer to a writ ordering the seizure and sale of a debtor's property to satisfy a judgment. Its spelling may seem confusing, but it follows the rules of Latin phonetics. Fieri is pronounced as [ˈfjɛri] and means "to be made." Facias is pronounced as [fəˈkaɪəs] and means "you shall cause." Together, they convey the meaning of "you shall cause it to be made," which accurately reflects the purpose of the writ. Knowing the IPA phonetic transcription can help lawyers communicate more effectively about legal terms.
Fieri facias, often abbreviated as "fi. fa.", is a Latin legal term used in English law and the legal systems of some other countries. It is a court-issued writ or order that commands the High Court Enforcement Officer (or sheriff in some jurisdictions) to seize and sell assets or property of a judgment debtor in order to satisfy a court judgment or debt.
The term "fieri facias" itself translates as "cause to be made" or "to cause to be done" in Latin, indicating that this writ is a means of enforcing a court decision. It is commonly used in civil cases where a monetary judgement has been handed down by the court and the losing party - now the judgement debtor - has failed to comply with the court order voluntarily.
When a fieri facias is issued, the enforcement officer is authorized to enter the judgment debtor's premises and seize assets, such as real estate, vehicles, or personal property, that can be sold to cover the outstanding debt. The officer, after making a thorough inventory, will then proceed to auction the seized assets to satisfy the debt as outlined in the court order.
In summary, a fieri facias is a legal order that empowers an enforcement officer to seize and sell property of a judgment debtor in order to satisfy a court judgement.
The term "fieri facias" is derived from Latin. "Fieri" means "to be made" or "to become", and "facias" means "you shall cause" or "you make". Combined, "fieri facias" can be translated as "cause/make it to be done".
The term has its roots in Roman law and was originally used to describe a writ or court order for the seizure of goods belonging to a debtor in order to satisfy a judgment debt. Over time, it became a commonly used legal phrase in English common law jurisdictions to refer to a writ of execution, which authorized the sheriff or other authorized officer to seize and sell the debtor's property to satisfy the debt.