"Domicilium citandi et executandi" might sound like fancy legal jargon, but it really just means, "send all the important legal stuff to this address!" As such, it is the address where, according to the law, you are considered to reside for the purpose of exercising your rights and duties.
A person’s domicile plays a determining role in a large variety of that person’s capacities in private law. Once someone turns 18 (eighteen) and has the mental capacity to decide, they can choose their domicile. To establish a domicile of choice, three conditions have to be met; there must be: (1) a lawful presence (2) a physical presence and (3) a particular intention to settle at that particular place for an indefinite period of time.
Every person automatically gets a domicile at birth, which is known as the “domicile of origin”. However, there can be issues with this concept for people without a fixed address, such as vagrants, those fleeing the law, or those who have left their previous domicile without establishing a new one. Nevertheless, the law provides that everyone always has a domicile – you do not lose your original domicile until you officially choose a new one. If someone abandons their last domicile and has not acquired a new one, they retain their last domicile until they establish a new domicile by choice.
Now, why is a domicilium address so important in legal matters? It ensures that legal processes are handled fairly and that everyone involved is properly informed. When a legal action is initiated, it is crucial that the opposing party is made aware of it. This is where the domicilium address comes into play.
The Sheriff of the Court, following instructions from the initiating party's attorneys, may deliver legal documents to the opposing party’s domicilium address. This process, known as “service of process”, guarantees that the opposing party receives the necessary information and has the opportunity to respond thereto.
By designating a domicilium address, you are responsible for ensuring that this address is accurate and accessible for official communications, making it an essential aspect of safeguarding your rights.
There are various methods of service provided by the Uniform Rules of Court. However, what is particularly important is the provision related to service at a domicilium address itself, as this rule specifically allows for legal documents to be delivered to the address that the opposing party has chosen as their domicilium citandi et executandi. In this case, the process can be served directly or a copy can be left at the designated domicilium, such as by affixing it to the front gate.
Given that your domicilium address is the address so chosen by yourself to receive all legal notices and documents, it is important to understand the implications of this choice. If you no longer reside at your domicilium address and have not notified anyone of a change, service of process at your domicilium address will likely still be deemed valid by the Court. This means that you cannot claim that you did not receive the notice simply because you have moved.
As such, failing to update your domicilium address can result in you not receiving important documents and potentially facing legal action or a Court Order without your knowledge. Therefore, it is crucial to ensure that your domicilium address is current and that any changes are promptly communicated to avoid such situations.
So, if you find the Sheriff of the Court at your doorstep delivering legal documents claiming that you owe money or are required to fulfill specific obligations, or if you become aware of legal proceedings that had been instituted against you without your prior knowledge, it is crucial not to ignore these developments. You should consult with an attorney at once to understand the process and address the issue on record. Confronting these matters swiftly can help ensure that your rights are safeguarded and that you are properly represented.
