civil arrest – arrest and detention of a civil-suit defendant until bail is posted or a judgment is paid; prohibited in most states

This page is continued from Criminal Proceedings >>>> Arrest, and Search and Seizure >>>> Various Forms of Lawful Arrests >>>> Warrantless Arrest:

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civil arrest:
(18c) Hist.

1. An arrest and detention of a civil-suit defendant until bail is posted or a judgment is paid. * Civil arrest is prohibited in most states. [1]

1.A provisional or auxiliary remedy intended to secure the presence of the defendant in a civil action until final judgment. 5 Am J2d Arr § 52. [2]

1. A means by which a judge can secure the presence of a defendant in court until final judgment is rendered. [3]

Types of Vicontiel Writs
Used to Command a Civil Arrest:

capias ad respondendum:
[Latin “that you take to answer”]
(17c)

1. A writ commanding the sheriff to take the defendant into custody to ensure that the defendant will appear in court. -Abbr. ca. resp.; ca. re; ca. res; ca. ad re. [1]

1. A writ directing the arrest of the defendant in a civil action and his production in court on a day certain. 5 Am J2d Exec § 28. [2]

1. “Seize for a response.” A writ directing that a defendant in a civil action be produced in court on a specified day. [3]

capias ad satisfaciendum:
[Latin “that you take to‘satisfy”]
(16c) Hist.

1. A postjudgment writ commanding the sheriff to imprison the defendant until the judgment is satisfied. -Abbr. ca. sa. [1]

1. A writ for the arrest and imprisonment of a judgment debtor until the claim against him shall be satisfied or otherwise discharged according to law. 30 Am J2d Exec § 28. [2]

1. “Seize for satisfaction.” A writ commanding that a judgment debtor be brought before the court to satisfy a debt. [3]

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.

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Excerpt from Alexander M. Burrill’s Treatise on the Practice of the Supreme Court of the State of New York:

“The capias ad satisfaciendum (termed for brevity the ca. 5a.,) is a judicial writ, issuing out of the court in which the judgment was recovered, directed to the sheriff of the county into which it is issued, commanding him to take (capias) the party named in it, if he may be found in his county, or bailiwick, so that he may have his body before the justices of the court, at the return day, to satisfy (ad satisfaciendum) the party issuing the
writ, of the amount of the judgment, &c.; concluding with the usual clause of attestation, or teste.“ [5]