Key Takeaways:

  • Definition & Purpose: A writ of scire facias is a judicial order requiring a party to appear in court and explain why a judgment should not be enforced, revived, or modified.
  • Historical Use: Originally used in England to revoke patents, scire facias evolved into a tool for enforcing monetary judgments.
  • Current Legal Applications: While abolished at the federal level, several states still recognize the writ in debt collection, lien enforcement, and wage garnishment cases.
  • State-Specific Rules: States like Texas, Pennsylvania, and Arkansas have unique procedural requirements governing scire facias.
  • Employer Involvement: Creditors may use scire facias to enforce judgments against employers in cases of wage garnishments.
  • Mortgage & Lien Implications: A writ of scire facias can also be used in foreclosure cases when a property owner defaults on payments.
  • Legal Alternatives: Some states have replaced scire facias with more modern debt collection and enforcement procedures.

What Is Scire Facias?

Scire facias is a judicial writ requiring a person to appear in court and argue why a judgment against them shouldn't be annulled, vacated, executed, or enforced. While federal law has abolished this practice, many states still use scire facias. In most cases, this is in reference to a payment from a judicial case. Scire facias is used by plaintiffs to extend a court order if the time to pay the amount expires.

A Brief History of Scire Facias

Scire fascia originated in England. Later, American colonists adopted the policy. It was first used to repeal letters patent. The king or queen issued letters patent to give exclusive rights to an inventor. If a person thought a patent was invalid based on an existing patent or false information, that person could ask the court to ask the patent holder to argue their case. The patent holder could ask for a jury trial to resolve issues, but only the court could make a final ruling.

Today, scire facias no longer deals with patents. In patent law, only a person holding or infringing on a patent can be involved in a court case about the patent. Most often, scire facias deals with the enforcement and collection of judgments. 

Why Is Scire Facias Important?

If a plaintiff earns a monetary judgment from a defendant in a civil case, a judge sets forth a court order that requires the defendant to pay by a certain date. However, this court order can lapse if it remains unpaid for the amount of time specified by the court. Before the final date approaches, the plaintiff may file a motion in court to extend the court order. If the plaintiff fails to do so, they can still file a writ of scire facias. This revives the motion and forces the defendant to appear in court.

When the defendant appears in court, they must defend why they shouldn't have to make any or further payments. This requires the defendant to:

  • Show records of payment.
  • Prove he/she owes nothing to the defendant.
  • Present evidence to shift the burden of proof to the plaintiff.

If the defendant fails to defend his/her reasons for not paying the amount owed, the court executes the original judgment. To satisfy the judgment, the defendant must:

  • Provide a financial status document.
  • Sell assets to earn money for the payment.
  • Take any other steps to provide payment.

Case law also holds that the monetary amount in a writ of scire facias must have a specific amount. This includes principal and interest.

The Role of Scire Facias in Debt Collection

Scire facias plays a crucial role in debt collection by allowing creditors to extend or revive judgments against debtors. When a judgment nears expiration, a creditor can use a writ of scire facias to demand payment or force the debtor to present a valid defense in court. This writ is particularly important in situations where:

  • The debtor has failed to make payments on a court-ordered judgment.
  • The judgment is nearing expiration and requires revival.
  • The creditor seeks to enforce wage garnishment or bank levies through an employer or financial institution.

In some states, such as Texas, a creditor has a limited window—often two years—to act before a judgment becomes dormant. Failure to do so may result in the loss of legal enforceability.

Scire Facias Across the Country

Because of the complex nature of scire facias, the federal government abolished the practice. In federal court, a plaintiff may only file a motion to extend the judgment. However, several states still use it with their own rules.

  • Connecticut: While still officially in use, the writ of scire facias has been replaced. A creditor's bill is the new way to settle monetary judgment cases. If the defendant can't pay, this bill tries to find a fair solution.
  • Texas
    • The writ of scire facias is still used here. Under the Civil Practice and Remedies Code, the writ has to come to court within two years of the judgment dormancy.
    • Post-judgment interest rates are capped at 18 percent.
  • Pennsylvania
    • Once filed, a writ of scire fascia gives the defendant one year and one day to disprove or avoid the debt owed. This is also known as a scire fascia ad disproban dum debitum.
    • This is also used in the mortgage industry but is known as a municipal claim. This requests a mortgagor to pay any overdue payments.
  • Arkansas
    • A copy of the writ is displayed in the county court of filing for four weeks.
    • If the defendant fails to show, the judgment continues for another 10 years.
    • It can only be filed in the county where the original judgment was filed.

Employer Liability and Wage Garnishments

Content: A writ of scire facias can also impact employers when it comes to wage garnishments. If a court orders wage garnishment for an employee with outstanding debts, the employer may receive a writ compelling compliance. Employers who fail to respond to such writs may be held liable for the amount owed by the employee.

The potential employer obligations include:

  • Deducting the specified amount from the employee's wages.
  • Ensuring timely payments to creditors.
  • Appearing in court to provide a defense if necessary.

If an employer refuses to comply without a valid defense, the court may issue a judgment against the employer, making them responsible for the debt.

What's Contained in a Writ of Scire Facias?

The written form of scire facias contains:

  • Names of creditors and debtors
  • Name of the court and case number of the original judgment
  • Date of petition filing
  • The country where the petition is filed

How to Respond to a Writ of Scire Facias

Receiving a writ of scire facias requires prompt legal action. The party served must either comply with the demand or present a valid defense to prevent enforcement. Steps to respond include:

  1. Review the Original Judgment – Confirm whether the claim is still valid and whether payments have already been made.
  2. File an Answer or Motion – The recipient must formally respond in court, providing evidence if they contest the judgment.
  3. Prepare for a Hearing – If contested, the court will schedule a hearing where both parties can present their arguments.
  4. Comply with Court Orders – If the writ is upheld, the defendant must arrange payment or face additional penalties.

In some cases, defendants can negotiate payment plans or settlement agreements to satisfy the judgment without further legal action.

Are There Other Meanings for Scire Facias?

In addition to the writ of scire facias for monetary judgments, it can also refer to a type of mortgage foreclosure. If a mortgagor defaults on a payment, the lienholder or lender can file a writ of scire facias. The mortgagor must then show up in court. At this hearing, the mortgagor must give reasons why their property shouldn't be sold to satisfy the debt.

In instances of bank levies and wage garnishments, creditors can get a writ of scire facias on employers. This forces the employer to garnish the wages of one of their employees. This is a conditional judgment as well. It isn't final until the employer appears in court to argue the wage garnishment. The outcomes of this action include:

  • The employer appears and doesn't have an excuse for lack of answer or payment. The employee lying about the garnishment is not a defensible argument. The creditor and employer must then come to a consensual payment.
  • The employer appears and has a valid excuse. Typical useful excuses state that the employee had another garnishment or the employee was not employed at the time of the request.
  • The employer no-shows. This allows the creditor to get the full judgment for the wage garnishment.

Other types also include:

  • The legal hearing that arises from a writ of scire facias.
  • Scire facias ad rehabendam terrain. This allows a debtor to get their land back after paying the plaintiff.
  • Scire facias for the crown. In English law, the crown may file this writ if a debtor is insolvent.
  • Scire facias quare restitutionem non. This occurs when a judgment occurs and payment is not made, and later the judgment is overturned on appeal. This must be filed before any restitution can occur.

Scire Facias in Real Estate and Foreclosure

Beyond debt collection, scire facias plays a role in real estate law, particularly in mortgage foreclosures. When a property owner defaults on payments, lenders can seek a writ of scire facias to force the borrower to appear in court and justify why foreclosure should not proceed. The process typically involves:

  • Notification to the borrower – The lender must serve a formal writ.
  • Court review of the default claim – The borrower may contest the foreclosure.
  • Judicial ruling on property seizure – If the borrower fails to present a defense, the court may authorize foreclosure and property sale.

Some states have replaced scire facias with modern foreclosure procedures, but it remains a legal tool in jurisdictions where traditional methods persist.

Revival vs. Renewal of Judgments

Renewing a judgment ensures that it remains enforceable before it expires, preventing it from becoming dormant. On the other hand, reviving a judgment through a writ of scire facias brings an expired judgment back into effect. While both revival and renewal serve to extend the enforceability of a judgment, a writ of scire facias does not create a new judgment—it simply allows for the execution of the original judgment.

Serving a Writ of Scire Facias to a Defendant

To initiate a writ of scire facias, the plaintiff must serve the defendant with a copy of the motion and citation. This legal notice informs the defendant of their obligation to appear in court and justify why the judgment should not be enforced. Proper service must be documented through a return of service filed with the court. Courts generally require "reasonable notice" to ensure that the defendant has sufficient time to prepare a response.

Frequently Asked Questions

1. What happens if a debtor ignores a writ of scire facias?Ignoring the writ can result in the court reviving or enforcing the judgment by default, leading to wage garnishments, asset seizures, or liens against property.

2. Can an employer be held responsible for an employee’s debt under scire facias?Yes. If an employer receives a writ of scire facias regarding wage garnishment and fails to comply, they may be held liable for the amount owed.

3. How does scire facias differ from a motion to revive a judgment?A motion to revive is a request for the court to extend a judgment before it expires, while a writ of scire facias forces the debtor to appear in court to argue against enforcement.

4. Is scire facias still used for patents and intellectual property?No, modern patent laws have replaced scire facias. Today, it is primarily used for monetary judgments and foreclosure cases.

5. Where can I get legal help with a writ of scire facias?If you need assistance with scire facias, you can find an experienced attorney on UpCounsel. Our network includes highly qualified lawyers from top law schools with expertise in judgment enforcement.

If you need help with a writ of scire facias, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.