Legal Definitions - ca. sa

Ca. sa. is an abbreviation for *capias ad satisfaciendum*. This was a historic legal writ that allowed for the arrest and imprisonment of a judgment debtor until they paid their outstanding debt.

A Capias ad Satisfaciendum (ca. sa.) was a historical legal writ, meaning "you may take for satisfying [a judgment]." It allowed a person who had won a monetary judgment in court (the judgment creditor) to have the losing party (the judgment debtor) arrested and imprisoned until the debt was paid. The primary purpose was to compel the debtor to pay the judgment by depriving them of their liberty.

While largely abolished in modern legal systems due to prohibitions against debtors' prisons, very limited forms or similar mechanisms might still exist in specific, narrow circumstances. These modern applications are typically related to willful non-compliance with court orders (such as failure to pay child support or contempt of court) rather than simple inability to pay a debt.

• Example 1 (Historical Context):

  In 18th-century England, a merchant, Mr. Davies, owed a significant sum to a supplier, Mrs. Thompson, for goods purchased. Despite a court judgment ordering him to pay, Mr. Davies repeatedly failed to settle the debt.

  In this scenario, Mrs. Thompson could obtain a capias ad satisfaciendum. This writ would authorize the sheriff to arrest Mr. Davies and hold him in a debtor's prison until he either paid the judgment debt to Mrs. Thompson or made an arrangement that satisfied the court's order.

• Example 2 (Modern, Limited Application - Child Support):

  A parent, Ms. Chen, has a court order to pay child support, but she has willfully and repeatedly failed to make payments for several months, despite having the financial means to do so. The other parent, Mr. Rodriguez, seeks enforcement through the court.

  While not typically called a "ca. sa." today, a court might issue a civil arrest warrant (sometimes referred to as a "body attachment" or "bench warrant") for Ms. Chen for contempt of court due to her willful failure to comply with the child support order. This warrant, similar in effect to the historical ca. sa., aims to bring her before the court to compel compliance with the judgment, potentially leading to detention until she addresses the arrears or explains her non-compliance.

• Example 3 (Modern, Limited Application - Contempt of Court):

  A court has ordered Mr. Patel, a judgment debtor, to appear for a post-judgment examination to disclose his assets so that a creditor can collect on a judgment. Mr. Patel repeatedly fails to appear for these court-ordered hearings without providing a valid excuse.

  The court, finding Mr. Patel in contempt for his willful disregard of its orders, could issue a civil arrest warrant. This warrant, functioning similarly to a historical ca. sa., would authorize law enforcement to arrest Mr. Patel and bring him before the court to explain his non-compliance and compel him to fulfill his obligation to disclose assets. The goal is to enforce the court's authority and the judgment, not merely to imprison for debt.