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Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit.The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
The request can be made for any amount up to the outstanding value of the judgment along with an application for the costs of requesting the warrant. A warrant of execution can be issued in the County Court to recover a debt between £50 (£600 if the debtor is in Scotland) and £5,000.
Understanding whether a judgment debtor is capable of fulfilling the judgment order may affect the enforcement mechanism used to recover the money or property. Some steps are available in different jurisdictions to investigate or interview judgment creditors, and investigations may be conducted either by the judgment creditor or by a sheriff or ...
“If you take money out of your 401(k) and you are not over 59 1/2 or meeting certain requirements, you will have to pay a 10% penalty plus income taxes,” said Jay Zigmont, Ph.D., CFP and ...
Making a huge financial blunder can feel devastating. It can also seriously undermine your confidence in managing money. Try This: 3 Things To Do This Week If You Have Debt Learn More: 7 Reasons ...
The question of replevin becomes moot should the item in question no longer exist as an entity, i.e. if it is destroyed, or in the case of a bag of money, for instance, if the money has been spent. For this reason, the item is normally seized by the court when the action is filed and held until the decision is reached to prevent the waste of a ...