Judgment Debtor - Law Dictionary Search Results
Home Dictionary Name: judgment debtorJudgment-debtor summons
Judgment-debtor summons. The (English) Bank-ruptcy Act, 1861, ss. 76-85, provided for the issue of this kind of summons by a judgment creditor in default of payment of whose debt the debtor might be adjudicated bankrupt. It was replaced in 1869 by the 'Debtor's Summons' under s. 7 of the (English) Bankruptcy Act of 1869, which was itself replaced by the 'Bankruptcy Notice' under the Acts of 1883 and 1914....
Judgment-debtor
Judgment-debtor, means any person against whom a decree has been passed or an order capable of execution has been made. [Code of Civil Procedure, 1908, s. 2 (10)]One against whom a judgment ordering him to pay a sum of money stands unsatisfied. He may, by order of the Court or judge, be orally examined by the judgment creditor as to debts owing to him by third parties, and be compelled to produce books and documents, with a view to attaching any debts due to him [(English) R.S.C. 1883, Ord. XLV., r. 1]. See ATTACHMENT OF DEBTS....
judgment debtor
judgment debtor : one who is obligated to pay a debt or damages in accordance with a judgment entered by a court ...
judgment-proof
judgment-proof : of or being one (as a judgment debtor) from whom nothing can be recovered because he or she has no property, his or her property is not within the jurisdiction where the judgment was obtained, or he or she is protected from execution of the judgment by statute ...
Debtor's summons
Debtor's summons. See JUDGMENT-DEBTOR SUMMONS....
Attachment of debts
Attachment of debts. By (English) R.S.C. 1883, Order XLV., as amended by (English) R.S. C. July, 1902, r. 12, and R. S.C. July, 1905, r. 8, a judgment creditor may apply ex parte to the Court or a judge (r. 1), either before or after any oral examination of the debtor, for an order nisi [see Norton v. Yates, 1906 (1) KB 112] attaching debts owing or accruing to the debtor in the hands of the parties owing the same who are called garnishees; and by the same or any subsequent order the garnishee maybe required to appear before the Court, or a judge, or an officer of the Court, to show cause why he should not pay to the judgment creditor the debt due from him (the garnishee) to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment debt. See (English) County Court Rules, 1936, Ord. XXVII....
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
Elegit
Elegit (he has chosen), a judicial writ of execution founded on the statute of Westminster II. (13 Edw. 1, c. 18), by which it became, in the election of a party having recovered judgment, either to have a writ of fieri facias (see that title) or else to seize all the chattels and half the land of the judgment debtor in specie until judgment satisfied.The writ of elegit was extended by the (English) Judgments Act,1838 (1 & 2 Vict. c. 110), to all the debtor's lands instead of a moiety as before, and also to his copyhold lands; but it does not now extend to good. [(English) Bankruptcy Act, 1883, s. 146]After the writ has been returned and filed, the creditor becomes tenant by elegit; the legal estate vests in him, and he can bring ejectment or sue for the rent if the estate is in reversion, Hatton v. Haywood, (1874) LR 9 Ch 236. See R.S.C., Ord. XLIII. The writ will not affect the legal estate against a purchaser unless it is registered and re-registered every five years at the (English...
levy
levy pl: lev·ies 1 : an act of levying: as a : the imposition or collection of a tax b : the seizure according to a writ of execution of real or personal property in a judgment debtor's possession to satisfy a judgment debt 2 : an amount levied : tax [providing for a of 3% on income up to $10,000 "D. Q. Posin"] vb lev·ied levy·ing vt 1 : to impose or collect (as a tax or fine) with authority [allow it to stiffer penalties for some safety violations "National Law Journal"] 2 : to enforce or carry into effect (a writ of execution) compare attach, garnish vi : to enforce a writ of execution or attachment ;specif : to make a seizure of real or personal property in a judgment debtor's possession [they might as a last resort on his merchandise "J. J. White and R. S. Summers"] ...
proceeding
proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to 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 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 bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...
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