levy

(redirected from levier)
Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia, Wikipedia.

Levy

To assess; raise; execute; exact; tax; collect; gather; take up; seize. Thus, to levy a tax; to levy a Nuisance; to levy a fine; to levy war; to levy an execution, i.e., to levy or collect a sum of money on an execution.

A seizure. The obtaining of money by legal process through seizure and sale of property; the raising of the money for which an execution has been issued.

A sheriff or other officer of the law can be ordered by a court to make a levy against any property not entitled to an exemption. The court can do this with an order of attachment, by which the court takes custody of the property during pending litigation, or by execution, the process used to enforce a judgment. The order directs the sheriff to take and safely keep all non-exempt property of the defendant found within the county or as much property as is necessary to satisfy the plaintiff's demand plus costs and expenses. The order also directs the sheriff to make a written statement of efforts and to return it to the clerk of the court where the action is pending. This report, called a return, lists all the property seized and the date of seizure.

The sheriff's act in taking custody of the defendant's property is the levy. A levy on real property is generally accomplished by giving the defendant and the general public notice that the defendant's property has been encumbered by the court order. This can be done by filing a notice with the clerk who keeps real estate mortgages and deeds recorded with the county. A levy of tangible Personal Property usually requires actual seizure. If the goods are capable of being moved around, most states insist that the sheriff actually take them into custody or remove them to another place for safekeeping with an independent person. If the property is bulky or cumbersome and removal would be impracticable and expensive, actual seizure is not necessary. The levy can be accomplished by removing an essential piece, such as the pinsetter in a bowling alley, or by services of the court demanding preservation of the property. The order can be served on the defendant or anyone else in possession of the property, and disobedience of it then can be punished as a Contempt of court.

Often the order will permit levy against any property belonging to the defendant, but it will specify seizure of a unique item and allow something else of comparable value to be substituted only if the unusual item cannot be found.

An attempt to attach a debtor's property is effective only after a levy, and from that time on there is a lien on the attached property. This gives the plaintiff some security that he or she will be able to collect what is owed and, if first in time, establishes the plaintiff's priority at the head of the line of the defendant's creditors who might subsequently seek a levy upon a debtor's property. It can strengthen the plaintiff's bargaining position if the plaintiff is trying to settle the dispute with the defendant, and it may even create jurisdiction for the court over the defendant, but only to the extent of the value of the property subject to levy.

levy

1) v. to seize (take) property upon a writ of execution (an order to seize property) issued by the court to pay a money judgment granted in a lawsuit. The levy is actually made by a sheriff or other official at the request of the holder of the judgment (the winner in the lawsuit), and the property will be sold at a sheriff's sale to provide money to satisfy the unpaid judgment. 2) v. the act of a governmental legislative body, such as a board of supervisors or commissioners assessing a tax on all property, all sales, business licenses or anything or transaction which may be taxed. Thus, the county "levies" a tax on businesses. 3) n. the seizure of property to satisfy a judgment. (See: writ of execution, creditor's rights, sheriff's sale)

levy

noun assessment, attachment, collection, duty, exaction, exactment, excise, gathering, impressment, seizure, setting aside of specific propprty, tariff, tax, taxation, toll

levy

verb affix, assess, attach, charge, collect, conscript, demand, disseise, distrain, divest, enlist, exact, execute, force, garnish, gather, impose, inflict, lay on, muster, place, put on, raise, require, seize, set, take by force, take up, tax, usurp, wrest
Associated concepts: levy a tax, levy an assessment, wronggul levy
See also: ad valorem, assess, attach, charge, collect, compel, confiscate, distrain, distraint, distress, dun, duty, exact, excise, garnishment, imposition, impress, raise, require, requisition, seize, sequester, sequestration, tariff, tax, toll

levy

1 to seize or attach property in accordance with the judgment of a court.
2 the act of imposing and collecting a tax or the money so raised.
3 the conscription of troops for service or a person conscripted in this way.

LEVY, practice. A seizure (q.v.) the raising of the money for which an execution has been issued.
     2. In order to make a valid levy on personal property, the sheriff must have it within his power and control, or at least within his view, and if, having it so, he makes a levy upon it, it will be good if followed up afterwards within a reasonable time, by his taking possession in such manner as to apprize everybody of the fact of its having been taken into execution. 3 Rawle R. 405-6; 1 Whart. 377; 2 S. & R. 142; 1 Wash C. C. R. 29; 6 Watts, 468; 1 Whart. 116. The usual mode of making levy upon real estate, is to describe the land which has been seised under the execution, by metes and bounds, as in a deed of conveyance. 3 Bouv. Inst. n. 3391.
     3. It is a general rule, that when a sufficient levy has been made, the officer cannot make a second. 12 John. R. 208; 8 Cowen, R. 192.

References in periodicals archive ?
In an October 1995 interview with the Daily News, LeVier said he decided he wanted to fly in 1927, when, at age 14, he heard that Charles Lindbergh had flown solo across the Atlantic Ocean.
But LeVier cherishes memories of his storied career in which he flew planes built at the plant.
LeVier stated, "Based on historic data and information, the Round Top Project appears to hold several elements that are not primary to our rare earth focus.
Ainsi, ces etablissements pourront transformer ces donnees en puissants leviers dans l'edification d'un modele de developpement endogene au service de l'integration economique regionale.
Quant au 2eme levier, il portesur le developpement de la gestion deleguee de la formation.
Le ministre de l'Enseignement superieur et de la Recherche scientifique, Tahar Hadjar, a affirme, hier, a Alger, que l'elaboration du projet de loi d'orientation sur la recherche scientifique et le developpement technologique visait essentiellement a garantir une plus grande ouverture sur l'entreprise economique, etant le principal levier d'une economie basee sur le savoir.
Marc LeVier, Company President and CEO, commented, Expanding our options regarding separation services enables us to advance our efforts more effectively.
S'exprimant a cette occasion, le directeur de l'Union generale des entreprises et professions (UGEP), Moncef Kettani, a indique que cette rencontre vise a promouvoir les PME et TPE qui constituent un levier de developpement et un moteur de la dynamique economique.
Selon ce dernier, un des premiers levier d'efficacite a activer porte sur les processus qui sont encore assez administratifs.
Les reintegrer egalement dans le systeme bancaire via une amnistie fiscale afin qu'il puisse jouer le role de levier financier.
Marc LeVier, Company President and CEO, noted, "Over the past year we further defined our objectives and have made measurable progress toward our vertical integration strategy.