...window to renew or revive it "by an action or by scire facias." Ga. Code § 9-12-61. After J&J Sports Productions, Inc.'s money judgment and attorney's fees award against Los Ranchos Latinos Inc. went dormant, J&J moved under Federal Rule of Civil Procedure 69...by scire facias. Los Ranchos opposed the rule 69(a) motion, arguing that it: (1) did not strictly comply with Georgia's scire facias procedure; and (2...errors in complying with Georgia's scire facias procedure. The district court granted J&J's motion, concluding that rule 69(a...

...dormant under Georgia law, the judgment holder has a short window to renew or revive it "by an action or by scire facias." Ga. Code § 9-12-61. After J&J Sports Productions, Inc.'s money judgment and attorney's fees award against Los Ranchos Latinos Inc. went dormant, J&J moved under Federal Rule of Civil Procedure 69...(a) to revive the judgment and award by scire facias. Los Ranchos opposed the rule 69(a) motion, arguing that it: (1) did not strictly comply with Georgia's scire fa- cias procedure; and...presentation principle, Los Ranchos argued, the district court couldn't step in to correct the dates or fix J&J's errors in complying with Georgia's scire facias procedure. The...

...based upon former Equity Rule 45 (Death of Party — Revivor) and U.S.C.A., Title 28, § 778 (Death of parties; substitution of executor or administrator). The scire facias procedure provided for...petitioners for the substitution of parties defendant under Rule 25(a)(1) of the Rules of Civil Procedure, 28 U.S.C.A...in the statute cited is superseded and the writ is abolished by Rule 81(b)." Notes of the Advisory Committee on Rules for Civil Procedure, March 1938, p. 25...

... In its sole appellate issue, Pharus asserts that the trial court had no discretion to deny its application based on a failure to personally serve a scire facias writ or citation because that is not the "applicable legal standard." Pharus does not dispute that no scire facias writ or citation was personally served on appellees. Pharus served the application by certified mail in accordance with Texas Rule of Civil Procedure 21...unsuccessful, the trial court signed an order for substituted service. Cornejo was served with IBC's scire facias application twenty-eight days later, on August 20, 2020."); White, 2019 WL 1602180, at *1 (trial court ordered citation of scire facias issued to judgment debtors). In Solley, the Texarkana Court of Appeals explained that the scire facias procedure ensures... Kevin Jewell, Justice Pharus Funding, LLC as assignee of LHR, Inc. ("Pharus"), appeals the trial court's order denying its application for a writ of scire facias to revive a...

.... 7. BAIL — Bond — Scire Facias — Procedure — District Attorney — Obligations — Enforcement. The fact that in a scire facias proceeding the same result might be reached does not justify the non-statutory procedure which..., 385 P.2d 421. The fact that in a scire facias proceeding the same result might be reached does not justify the procedure which the District Attorney took here to.... 5. PLEADING — Defense — Complaint — Relief — Bond — Forfeiture — Criminal Case — Scire Facias — Statute — Rule. Where no order was ever entered by...

..., 632 A.2d 994 (Pa.Cmwlth. 1993). The object of the writ of scire facias is ordinarily to ascertain the sum due on a lien of record and to give the defendant an opportunity to show cause why the plaintiff should not have execution. Id. In Pennsylvania, municipal claim procedure in...general and scire facias procedure in particular, is purely statutory. Id. Once...). Alternatively, the municipality may pursue a writ of scire facias without waiting for prompting by the owner, which is what occurred in the present case. Shapiro. In response to the writ, the owner may file an affidavit of defense raising all defenses. Id. Contrary to the trial court's position, the existence of a local administrative procedure for...

.... Coincidentally, the present § 3901 of Title 10 Del. C., which provides for the scire facias procedure was enacted at the same General Assembly session which enacted the present version of... TAYLOR, Judge. Plaintiff filed this scire facias sur mortgage action to recover the balance due on a mortgage loan made by...actions upon bills, notes, bonds or other instruments of writing for the payment of money or for the recovery of book accounts, on foreign judgments, and in all actions of scire facias on recognizances...

...Code does not set forth the procedural steps to obtain the revival of a dormant judgment under the scire facias procedure. However, the procedure is generally set out in the reported cases. First....); Thomas v. Poonen, No. 05-00-01233-CV, 2001 WL 755638, at *2 (Tex. App.—Dallas July 6, 2001, no pet.) (not designated for publication) (per curiam). However, the scire facias proceeding set forth above ensures that the judgment debtor has proper notice of the judgment creditor's application to revive the dormant judgment. Through the requirement that the writ of scire facias be served in accordance with the Texas Rules of Civil Procedure governing...assignee of LHR, sought to revive the now-dormant judgment by scire facias. See TEX. CIV. PRAC. & REM. CODE ANN. § 31.006. Nevertheless, when...

...respect to the dormant judgment. Because the record instead shows a decided lack of diligence, the trial court was within its rights to vacate the writ. A. Scire-Facias Procedure to.... 1970)). As stated in the CLE article included in Pharus's appellate appendix, "Plaintiff must serve the defendant with citation and a copy of the motion to revive judgment by scire facias, and demonstrate such service through a return of service filed with the court." Scott, supra n.6 at 10 (referencing Rule of Civil Procedure 154...omitted). The court explained that the scire-facias proceeding ensures that the judgment debtor has proper notice of the judgment creditor's application to revive the dormant judgment. Id. at *1 n.3. Through the requirement that the writ of scire facias be served in accordance with the Texas Rules of Civil Procedure governing...

...Hawn, despite the filing of a suggestion of death, Brodbeck failed to comply with the scire facias procedure necessary to permit her suit to proceed against a representative of the deceased...the plaintiff, "the clerk shall issue a scire facias for the administrator or executor or heir requiring him to appear and defend the suit and upon the return of such service, the suit shall proceed...facias brings a person before the court by giving her notice of the suit. See Tex. R. Civ. P. 154 (scire facias and return governed by rules applicable to citation). It is unique only in that it...

...liens. Such matters are completely foreign to the scire facias procedure. With their distinct factual focus, scire facias proceedings are simply ill-suited for the resolution of the novel and purely legal challenges presented here. Moreover, even if thousands of delinquent taxpayers affected by GLS's collection policies were able to have their legal challenges to GLS's authority resolved through the scire facias procedure, they...scire facias. Mr. Justice Nigro, writing for a unanimous Court, explained that, "in order to determine whether equity jurisdiction is proper in the face of an existing legal or statutory remedy...legal remedy premised upon writs of scire facias was inadequate, and Pentlong's action in equity was maintainable. See id. at 47, 820...

.... Accepted practice would have the plaintiff proceed with a writ of scire facias, which must be preceded by a property execution and must be brought within one year of obtaining judgment. See Conn. Gen. Stat. Sec. 52-586. Even Stephenson criticizes the scire facias procedure as...he has in his hands the goods or effects of the Defendant. Said disclosure, thereafter, can be used as prima facie evidence if the plaintiff recovers judgment and brings a scire facias action against...simpler motion procedure such as that used by the plaintiff here. Stephenson, infra, Sec. 74e, p. 306. Attachment and garnishment are now and have always been different CT Page...

...in general and scire facias procedure in particular, is purely statutory [and is governed by the MCTLA]. Once the municipality files a claim for services, the claim becomes a lien on the property. If...writ of scire facias, seeking to reduce the tax claim to a judgment against Kanofsky. In response thereto, Kanofsky, who was acting pro...) provided a statutory appeal process and did not authorize the filing of a counter complaint as a defense to a writ of scire facias. (Id.) As a result, the trial court did not consider...

...accurately accounted for and already turned over the correct sum to the plaintiffs; and 3) that the plaintiffs can only assert their rights against Webster through the scire facias procedure, Conn. Gen.... Stat. § 52-381, and cannot utilize CT Page 14786 the determination of interests procedure, Conn. Gen. Stat. § 52-356c, to compel Webster to account for and turn over any of the disputed funds. The...plaintiffs maintain that they have timely utilized the correct procedure, and, in their memorandum of law, they urge the court to issue a turnover order compelling Webster Bank to pay to the levying...

...revival of a dormant judgment by scire facias, "the procedure is generally set out in the reported cases." Solley, 2021 WL 1680206...service by mail was either ineffective or inadequate. The Bank counters that, if its motion to revive was a scire facias, then the trial court was authorized to revive the 2010 judgment without service or citation because nothing in the statute mandates the issuance of a citation prior to reviving a dormant judgment. The Bank contends its service on Clarke pursuant to Texas Rule of Civil Procedure 21awas..."). The Bank further argues that requiring a scire facias writ or citation is not rooted in the Rules of Civil Procedure because "[t]he express function of the scire facias described in Rules 151 to 154...

...and Remedies Code § 31.006 does not set out the procedure for obtaining the revival of a dormant judgment by scire facias, "the procedure is generally set out in the reported cases." Solley...further argues that requiring a scire facias writ or citation is not rooted in the Rules of Civil Procedure because "[t]he express function of the scire facias described in Rules 151 to 154 is not to...record and the level of service to which Clarke was entitled. "Through the requirement that the writ of scire facias be served in accordance with the Texas Rules of Civil Procedure governing...

...that could not be resolved by following the scire facias procedure. The Court agreed and held that the extraordinary question raised...entity that had purchased 125,000 tax liens from the taxing authority. The taxpayer plaintiffs had available to them the statutory remedy of scire facias to determine the amount due on a lien and.... Scire facias provides taxpayers a vehicle for obtaining a refund from a local government, but it did not provide a vehicle for challenging the costs assessed by a private entity. Act of May 16...

.... Dunbar Furnace Co. , 250 Pa. 472, 95 A. 585 (1915). When actions on mechanics’ liens involved the scire facias procedure, objections to the validity of a lien were waived if not raised before a...defensive pleading was filed. See, e.g., Linden Steel Co. v. Imperial Ref. Co. , 138 Pa. 10, 20 A. 867 (1890). When the scire facias procedure was eliminated, the specter of waiver...Kings on the merits, but did not award any damages. The parties filed post-trial motions. Section 701, entitled "Procedure to...