Documents Served and Executed Definitions

  • CIVIL CITATIONS: This is an Advisory Document from one party (Plaintiff/Petitioner) to another party (Defendant/Respondent) advising them that a law suit has been filed against them and they must respond, within the number of days given, to the court.
  • CIVIL PRECEPT: This is also an Advisory Document advising the party to whom it is directed to appear in the specified court on a specified date to hear the argument of the Civil Law Suit filed against them.
  • CRIMINAL SUBPOENA: Order from the Court that named witness is to appear in court on specified date to speak on behalf of either the State or the Defense.
  • SUBPOENA DUCES TECUM: An Order from the Court for a person to produce requested documents before the court on specified date.
  • TEMPORARY RESTRAINING ORDER: This is a Temporary order from a Court forbidding a person to do the threathening act until suit can be heard by the court.
  • TEMPORARY EX PARTE PROTECTIVE ORDER: Emergency Protective Order for the protection of a person until the matter can be heard in Court.
  • WRIT: An order issued from a court requiring the performance if a specified act, or giving authority to have it done.
    • HABEAS CORPUS: An order from the Court to bring a named person before the court on a specified date.
    • GARNISHMENT: A statutory proceeding whereby a person's property, money, or credits in possession or under control of, or owing by, another are applied to payment of former's debt to third person by proper statutory process against debtor and garnishee.
    • ATTACHMENT: The act or process of taking, apprehending or seizing persons or property by virtue of a Writ.
    • EXECUTION: Generally on a Money Judgment, the legal process of enforcing the judgment, usually by seizing the selling property of the debtor which is non-exempt property.
    • POSSESSION: An order of the court to physically take possession of land, or personal property from the defaulted defendant and give to the judgment plaintiff.
    • SEQUESTRATION: An order by the court to take into possession property or funds and hold in safekeeping until the matter can be heard in court. This is used when the Plaintiff fears that the Defendant will destroy or hide the property once they learn the property is being sued for. We have to hold and take back possession of the property until the suit can be heard in court. If Defendant doesn't replevy the property within the 10 days, the Plaintiff can replevy and hold onto the property until the matter is heard in court.
    • REPLEVY: To redeliver goods which have been sequestered to the original possessor of them, on his pledging that the property will remain in the same condition as when Sequestered until the matter is heard in court.
    • ORDER OF SALE: An order for the Sheriff to take possession of land or personal property and hold a public sale of this land or personal property which is specifically described in the order to satisfy the judgment in the suit.