Judgment Creditor - Law Dictionary Search Results
Absolute-bar rule
a creditor sells collateral without giving reasonable notice to the debtor, the creditor may not obtain a deficiency judgment for any amount of the debt that is not satisfied by the sale, Black Law Dictionary, 7th Edn.,
Equitable executor
executor, Where interests in property cannot be taken in execution under the processes at law available to the judgment creditor, he may obtain the appointment of a receiver and if necessary an injunction restraining the judgment debtor from
Levari facias
the judgment. The sheriff was not authorized to sell or extend the lands, or deliver them to the creditor, but could only collect the debt from the issues and profits of the land, and from the sale … execution at Common Law, commanding the sheriff to levy or make of the lands and chattels of the judgment-debtor the sum recovered by the judgment. The sheriff was not authorized to sell or extend the lands, or
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Venditioni exponas
commanding him to expose to sale goods which he has already taken into his hands, to satisfy a judgment-creditor, Reg. Judic. 33. After delivery of this writ the sheriff is bound to sell the goods, and have
Partnership
Act of 1890 is mainly declaratory. The chief amendment is that of the 23rd s., by which the judgment creditor of a partner, instead of being able to execute not only against his debtor's separate property but also
Judicial separation
to his wife, which can be enforced by imprisonment [R. v. Richardson, (1909) 2 KB 851], but her judgment creditor cannot obtain equitable execution by the appointment of a receiver of such payments, Paquine v. Snary, (1909) 1
fieri facias
to seize and sell certain items of the property of a debtor in order to satisfy a creditor's judgment against the debtor see also execution
prejudicial
or impair rights [such a transfer would be to other creditors] b : leading to a decision or judgment on an improper basis [the evidence was excluded because it was more than probative] … of prejudice: as a : tending to injure or impair rights [such a transfer would be to other creditors] b : leading to a decision or judgment on an improper basis [the evidence was excluded because it
Extinguishment
debt. A creditor, by accepting a higher security than he had before, extinguishes the first debt. And when judgment is given for a debt, it supersedes or extinguishes the previous obligation (Plowd. 184; 1 Salk. 304); though
proceeding
have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a … denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the
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