EXECUTORY PROCESS

glossary /

EXECUTORY PROCESS

executory process. Civil law.

1. A process that can be resorted to either (1) when the right of a creditor arises from an act importing a confession of judgment, and that contains a privilege or mortgage in the creditor’s favor, or (2) when the creditor demands the execution of a judgment that has been rendered by a different tribunal.

2. An accelerated procedure, summary in nature, by which the holder of a mortgage or privilege evidenced by a confession of judgment seeks to effect an ex parte seizure and sale of the subject property. [Cases: Chattel Mortgages 269; Mortgages 499. C.J.S. Mortgages ¡ì¡ì 832¨C833.]

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