Chapter 13:Some legal terms that come up a lot

Some legal terms that come up a lot

Attachment of earnings order: A court order instructing the debtor's employer to pay part of the debtor's wages to you.

Garnishee: A person (or company etc.) that you claim owes the debtor money. You can often get the court to order the garnishee to pay you instead of the debtor.

Judgment: The official decision of the court in a trial. It says who won and how much the loser owes. You need to get a judgment in your favour before you can send in the sheriff, for example.

Nulla bona: No goods to seize. An all-too-common report by the sheriff.

Order: An order made by the court to pay money (or do something).

Summons: A document issued by the court, usually requiring the person summoned to appear at the court. There are many different kinds of summons. The one people usually refer to as a 'summons' ("If you don't pay, I'll send you a summons") is technically an 'originating summons'.

Summons for oral examination*: A document issued by the court requiring a debtor to appear so that he can be questioned about his ability to pay a debt he owes, and (usually) a court order made to require him to pay in instalments. You have to have a judgment -- to have won the case -- before you can request that the court issue a summons for oral examination.

Warrant of apprehension: A court order instructing the sheriff to arrest a debtor and bring him into court. Issued if a debtor fails to appear when required by a Summons to Witness.

Warrant of execution: A document issued by the court, instructing the sheriff to seize goods from a debtor.


* As I mentioned earlier, this isn't yet in the new rules for the court, but I have been told it was an oversight and will be put back in. By the time you read this, it may exist again and you can use it.