Legal Definitions - nihil habet

Term: nihil habet
Definition: Nihil habet is a Latin phrase that means "he has nothing." It is used as a form of return by a sheriff or constable who was unable to serve a scire facias or other writ on the defendant. This means that the person being served with legal papers cannot be found or does not have any assets that can be seized to satisfy a judgment.
Example: If a creditor is trying to collect a debt from someone who has moved and cannot be located, the sheriff may return the writ with the notation "nihil habet" to indicate that the defendant has nothing that can be seized to satisfy the debt. Another example is if a landlord is trying to evict a tenant who has already moved out and left no forwarding address, the sheriff may return the writ with the notation "nihil habet" to indicate that the tenant cannot be found. These examples illustrate how the phrase is used to indicate that the person being served with legal papers cannot be found or does not have any assets that can be seized to satisfy a judgment.