refs

--------------------------------------------------
Note added at 2003-09-03 23:26:00 (GMT) [[utf-8]]
--------------------------------------------------

What is a Writ of Execution?


A Writ of Execution is an order made by a Court when a person has been to Court to recover a debt (this person is called the \'judgment creditor\'), the Court has decided the case in the person\'s favour, and the other side does not pay the amount awarded (this person is called the \'debtor\').

A Writ of Execution is a legal document which states

who the money is owed to (called the \'judgment creditor\'), and
how much the debt is, and

When a Writ of Execution is attempted, a Sheriff\'s Officer will hand a copy of the Writ to the debtor together with a Notice to Debtor/Custodian and a form indicating details of the goods to be seized.

If a Writ is given to you, you will also have to pay back any money the Sheriff\'s Office has spent trying to recover the debt and any the expenses of the judgment creditor. This is called \'costs\'.
http://www.lawlink.nsw.gov.au/ots.nsf/pages/enforce1

The problem is that the writ of execution is ordered by the court. I don\'t understand how it could be \"extrajudicial\"

IMO

get their money back legally without going to court

--------------------------------------------------
Note added at 2003-09-03 23:59:45 (GMT) [[utf-8]]
--------------------------------------------------

note to William:

what\'s extra-judicial is the settlement, there is no writ, as you say, only a court can issue one...

the text says that X can get their bucks back legally through extra-judicial settlement

titulo here is like the French a titre de

--------------------------------------------------
Note added at 2003-09-04 00:30:12 (GMT) [[utf-8]]
--------------------------------------------------

antonio is right

apparently there is such a thing an an executive title

sorry Antonio!

The execution process may be based upon two types of titles: judicial and extra-judicial. The judicial title is a final decision/sentence, which execution demands a previous lawsuit, from which this title results.

An extra-judicial executory title is the document (like a promissory note, a bank check, a written contract signed by witnesses and other similar documents that may be object of an execution process, in which the defendant will be summoned to pay within an assigned period (in Brazil, 24 hours) or nominate assets to be seizured by the court in order to guarantee that the debt will be paid.

I used EXECUTORY, instead of "executive", as suggested by António, because of Wbster's definition:

executory (eg zekyo tore, ig-; -ye-)
adj.
1 executive; administrative
2 Law designed to be, or capable of being, put into effect at the appropriate time

Etymology
[LL exsecutorius < L exsecutus: see executor]

Executive has other connotation, as an adjective:

executive (eg zekyo tiv, ig-; -ye-)
adj.
1 of, capable of, or concerned with, carrying out duties, functions, etc. or managing affairs, as in a business organization
2 empowered and required to administer (laws, government affairs, etc.); administrative: distinguished from legislative, judicial
3 of administrative or managerial personnel or functions







--------------------------------------------------
Note added at 2003-09-04 00:48:11 (GMT) [[utf-8]]
--------------------------------------------------

Your sentence could be translated as:

...the right to judicially collect the credit based on this extra-judicial executory title...


--------------------------------------------------
Note added at 2003-09-04 00:52:59 (GMT) [[utf-8]]
--------------------------------------------------

Examples and references of EXECUTORY TITLE:

[DOC]The National Court Register in Poland /Insolvent Debtors/
... Upon the motion of the creditor having an executory title issued against a natural person, who failed to pay the receivable debt confirmed in the executory ...
lawyer.com.pl/ftp/Artykul-MS2.doc

bulli910
... community environmental law; - consumer law; - filiation law (Malta conference); - convention of Brussels II (European executory title - Conference Eurojuris ...
space.tin.it/edicola/masbonom/bulli910.htm

RECO REALITY, sro - info
... In such cases a notarial record is a direct executory title for the ordering of legal enforcement, ie, just as effective as a valid court ruling on the dispute ...
www.recomreality.cz/gb/vyh_nz2.htm

Commercial Companies in Romania
... In contrast with the payment order, payment with a promissory note has the great advantage that at the settling day, it becomes an executory title. ...
www.law-counsel.com/Legal_information/business_law/ commercial_companies/legal_answers_2.htm