A creditor specifically demands the return of a specific item. No other damages are sought prior to entry of judgment. The creditor is requesting from the court a

The following are legal terms court officers regularly use in the performance of their official duties. Answer questions 51 through 65 based on the definitions.     Summons and complaint: An official court pleading that serves two purposes: (1) The summons informs the defendant that he or she is being sued in a civil court action. The summons also identifies the parties, their attorneys, the court, and the case number, and provides other information as commencement date of the action, when the action must be served (expiration date), and a history of related prior actions. (2) The complaint... Show more

The following are legal terms court officers regularly use in the performance of their official duties. Answer questions 51 through 65 based on the definitions.    

Summons and complaint: An official court pleading that serves two purposes: (1) The summons informs the defendant that he or she is being sued in a civil court action. The summons also identifies the parties, their attorneys, the court, and the case number, and provides other information as commencement date of the action, when the action must be served (expiration date), and a history of related prior actions. (2) The complaint is the factual account of the action in which a party is seeking money damages or other type of relief (e.g., divorce, possession of property).    
Plaintiff: A party commencing a lawsuit. Also known as a judgment creditor if he or she is the prevailing party and money damages is awarded.    
Defendant: The party being sued. Also known as a judgment debtor if he or she loses the lawsuit and a money damages judgment is entered against him or her.    
Service of Process: The delivery of legal documents to a person who either is named as a litigant in a civil action, or is a witness in a court action. Service of process can be effectuated personally by a court officer or a private process server. Some states allow process to be served by certified/registered mail with a return receipt signed by the party to whom process is directed.    
Subpoena: An order of the court that either compels a party to appear as a witness, or requires the delivery of documents or other tangible items.    
Judgment: In a civil action, the decision of the court, granting relief to the prevailing party in the form of money damages, awarding title to real property, or dissolving of marriage.    
Writ of execution: An order of the court commanding the seizure and sale of judgment debtors' personal and/or real property to satisfy a civil judgment. Also referred to as a levy or seizure order.    
Writ of replevin: Also known as claim and delivery or writ of attachment. An order of the court that commands the return of specific property to a secured creditor.    
Writ of restitution: Also known as order of possession or order of eviction. An order of the court in a real estate action that terminates the tenancy of a party and restores possession of land or premises to the owner/landlord.    
Writ of garnishment: An order of the court that attaches wages or a bank account of a judgment debtor, that is in turn paid to a judgment creditor.    
Satisfaction: When a judgment is paid in full or in part.    
Return of service: A legal document that provides proof of the delivery of civil process to an intended party and the manner in which the process was served. The document includes the name of the party served; the location, date, and time; the fee charged for service; and the name and official title of the person who made the service. The return of service also details if service of process was not completed due to an incorrect address, inability to locate the party to whom process was directed, or other factors. The document is then filed with the court. Also known as proof of service.    
Self-incrimination: The act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation in which information of a self-incriminatory nature is disclosed, or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person. The Fifth Amendment protects witnesses from being forced to incriminate themselves, and applies wherever and whenever an individual is compelled to testify. Miranda v. Arizona (1966) was a landmark case involving confessions.    
Discovery: The pretrial phase in which each party can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for production and depositions.    
Remittitur: A ruling by a judge, usually upon motion to reduce or throw out a jury verdict, lowering the amount of damages granted by a jury in a civil case.    
Court officer sale: A public sale, usually an auction, conducted by court officers to liquidate property seized pursuant to a writ of execution. The net proceeds of the sale, usually sale price less expenses and taxable fees, are applied to the judgment balance to satisfy the judgment in full or in part.    
Amicus curiae: A Latin phrase, literally translated as 'friend of the court,' that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.    
Order to show cause: A legal proceeding in which a party must appear before the court and explain its conduct or reasons for its actions in a certain incident. The most common type of show cause proceeding is where a party must convince the court that its actions do not rise to the level of contempt of court, which could result in fines or jail. A show cause may be brought by a litigant or the court itself.    

Show less