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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111679
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is a writ of Fieri Facias only valid after being served, the

Customer Question

Is a writ of Fieri Facias only valid after being served, the date it is served on the defendant, and not any other date as it moves through the courts?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A Writ of FIFI as it is called for short, is valid from the date it is signed by the court, whether served on the defendant or not. The Writ of FIFI is to seize property or assets or to place a lien. The debtor does not need to get notice prior to seizure. In fact, many Writs of FIFI are served on the party holding the assets without notice to the defendant, such as on a bank to seize a bank account, where the bank is served and freezes the assets in the accounts and then sends notice to the account holder so they can go to court and try to file an exemption or objection to the seizure. No actual service on the defendant is required until the FIFI is served on whoever has the property when it is delivered to execute the seizure of the property. The reason for this is to prevent the defendant from trying to hide property.