Terceria is a specific remedy available in certain situations involving the seizure of property during litigation or execution. The aim of a terceria is to prevent the wrongful seizure or sale of property that does not belong to the judgment debtor. It is a legal remedy to protect the rights of these third-party owners.
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Who uses it? It's a remedy for a person who is not a party to the main action (often referred to as a "third-party claimant" or "stranger").
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When is it used? When property belonging to this third person has been "levied upon" or seized by an officer (like a sheriff) pursuant to a court order, such as a writ of preliminary attachment, a writ of execution, or a writ of delivery (replevin).
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What is the basis? The third-party claimant asserts their own title to the property or their right to its possession.
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How is it done? The claimant executes a sworn affidavit (1) stating their title to or right of possession over the property; (2) stating the grounds for such right or title; and (3) serving this affidavit upon the officer who made the levy and also upon the judgment obligee (the party who caused the levy).
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What is its effect/purpose? By filing the terceria, the officer making the levy is generally not bound to keep the property and could be answerable for damages if they proceed despite the claim. It serves to question whether the officer correctly seized property belonging to the judgment debtor or obligor.