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Nulla bona is a Latin legal term meaning "no goods". A sheriff writes this when he can find no property to seize to pay off a court judgment. [1] Synonymous with return nulla bona, it denotes the return of a writ of execution signifying that the officer made a strict and diligent search but was unable to find any property of the defendant liable to seizure under the writ, whereof to make a levy.
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. [1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor.
The privilege of return of writs, in medieval England, was a right given to certain liberties or franchises to execute royal writs within the land in question. This in effect meant overpassing the authority normally held by the sheriff as the king's representative in the localities.
Bahio amovendo, a writ to remove a bailiff from his office for want of sufficient land in his bailiwick. [1]Beaupleader [3]; Besayle is a writ directed to the sheriff, in case of an abatement or disseisin, to summon a jury to view the land in question, and to recognise whether the great grandfather died seised of the premises, and whether the demandant be his next heir.
A warrant of execution is a form of writ of execution used in the County Court in England and Wales (only). It is a method of enforcing judgments and empowers a County Court bailiff to attend a judgment debtor ’s (hereafter, debtor) address to take goods for sale.
The week of execution appointed in the warrant shall be not less than 30 days and not more than 60 days after the issuance of the warrant. The date of execution within said week shall be left to the discretion of the commissioner, but the date and hour of the execution shall be announced publicly no later than seven days prior to said execution ...
A writ was a summons from the Crown to the parties to the action, with on its back the substance of the action set out, together with a 'prayer' requesting a remedy from the court (for example, damages). In 1980, the need for writs to be written in the name of the Crown was ended. From that time, a writ simply required the parties to appear. [16]
The mere claim by the distrainor that he had a right to the chattels distrained was a technicality that ended the action in replevin. It was then necessary to re-file using a new writ invented in the early fourteenth century, called the writ de proprietate probanda – a writ "concerning the proof of ownership". [26] [24]