creditor's suit

creditor's suit
Equitable proceeding brought to enforce payment of debt out of property or other interest of debtor which cannot be reached by ordinary legal process. Sackin v. Kersting, 105 Ariz. 464, 466 P.2d 758.
By use of the creditor's bill, a judgment creditor can reach any nonexempt property interest of the debtor that is alienable or assignable under state law. A suit by judgment creditor in equity for purpose of reaching property which cannot be reached by execution at law. A proceeding to enforce the security of a judgment creditor against the property or interests of his debtor. This action proceeds upon the theory that the judgment is in the nature of a lien, such as may be enforced in equity. Under rules of civil procedure, such action is simply a civil action in which demand is made for this type of equitable relief because of the merger of law and equity. Fed.R. Civil P. 2

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • creditor's suit — n. A proceeding in equity in which a judgment creditor seeks to discover and have delivered to him property that cannot be reached by the process available at law to enforce a judgment. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • creditor's suit — Equitable proceeding brought to enforce payment of debt out of property or other interest of debtor which cannot be reached by ordinary legal process. Sackin v. Kersting, 105 Ariz. 464, 466 P.2d 758. By use of the creditor s bill, a judgment… …   Black's law dictionary

  • creditor's suit — See creditors bill …   Ballentine's law dictionary

  • creditor’s bill (suit) — n. A proceeding brought in equity by a creditor who has secured judgment against a debtor to enforce payment of the debt if the creditor cannot reach the debtor’s property at law. The Essential Law Dictionary. Sphinx Publishing, An imprint of… …   Law dictionary

  • creditor's bill or suit — Equitable proceeding brought to enforce payment of debt out of property or other interest of debtor which cannot be reached by ordinary legal process. Sackin v. Kersting, 105 Ariz. 464, 466 P.2d 758. By use of the creditor s bill, a judgment… …   Black's law dictionary

  • creditor's bill or suit — Equitable proceeding brought to enforce payment of debt out of property or other interest of debtor which cannot be reached by ordinary legal process. Sackin v. Kersting, 105 Ariz. 464, 466 P.2d 758. By use of the creditor s bill, a judgment… …   Black's law dictionary

  • creditor's bill — Equitable proceeding brought to enforce payment of debt out of property or other interest of debtor which cannot be reached by ordinary legal process. Sackin v. Kersting, 105 Ariz. 464, 466 P.2d 758. By use of the creditor s bill, a judgment… …   Black's law dictionary

  • creditor's bill — Equitable proceeding brought to enforce payment of debt out of property or other interest of debtor which cannot be reached by ordinary legal process. Sackin v. Kersting, 105 Ariz. 464, 466 P.2d 758. By use of the creditor s bill, a judgment… …   Black's law dictionary

  • friendly suit — n. A lawsuit brought by parties who agree on a particular settlement but need a judicial decision to make it binding; see also declaratory judgment The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney… …   Law dictionary

  • friendly suit — A suit brought by a creditor against an executor or administrator, being really a suit by the executor or administrator, in the name of a creditor, against himself, in order to compel the creditors to take an equal distribution of the assets.… …   Black's law dictionary

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