(a) Whenever further breaches shall occur, the plaintiff or his of her personal representative may have a scire facias upon the judgment, suggesting the breaches against the defendant, and all parties bound thereby, and commanding that they be summoned to show cause why an execution should not be had upon the judgment for the amount of damages sustained by the further breaches.
(b) The like proceedings to ascertain damages shall be had upon the writ, as provided in the original suit on the bond. If the plaintiff recovers, judgment shall be rendered that the plaintiff have execution to collect the amount of damages assessed and costs.
(c) The execution issued on the judgment shall have like effect and be proceeded on in all things as in the first instance. However, the judgment shall remain as a security for further breaches, and so on, as often as occasion may require.
(d) Whenever in any action brought according to the provisions of this subchapter the jury finds that any assignment of breaches is not true, this finding shall be a bar to any other or further suit by scire facias or otherwise, for the recovery of any damages alleged to have been sustained by occasion of the same breaches so assigned.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.