Revised Laws of Saint Lucia (2021)

Section I   The issuing of the capias

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   637A.   The Supreme Court only has jurisdiction in matters of capias. (Amended by Act 3 of 1957)

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   638.   When the amount claimed exceeds $48, the plaintiff may obtain from the Registrar a writ of summons and arrest against the defendant, if the latter is about to leave Saint Lucia immediately, or if he or she secretes or is immediately about to secrete his or her property with intent to defraud his or her creditors.

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   639.   This writ is obtained upon an affidavit of the plaintiff, his or her bookkeeper, clerk, or attorney ad negotium declaring that the defendant is personally indebted to the plaintiff in a sum amounting to or exceeding $48, and that the deponent has reason to believe and verily believes, for reasons specially stated in the affidavit, that the defendant is about to leave Saint Lucia immediately, with intent to defraud his or her creditors in general, or the plaintiff in particular, and that such departure will deprive the plaintiff of his or her recourse against the defendant; or upon an affidavit establishing, besides the existence of the debt as above mentioned, that the defendant has secreted or made away with, or is about immediately to secrete or make away with his or her property and effects with such intent.

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   640.   The writ may also be obtained if the affidavit establishes besides the debt, that the defendant is a trader, that he or she is notoriously insolvent, that he or she has refused to arrange with his or her creditors or to make an assignment of his or her property to them or for their benefit, and that he or she still carries on his or her trade.

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   641.   The writ of capias may likewise be obtained by any creditor having an hypothecary or privileged claim upon an immovable, upon an affidavit establishing that his or her claim exceeds $48, and that the defendant, whether he or she is the original hypothecary debtor or simply the holder of the property, is, with the intent of defrauding the plaintiff, damaging, deteriorating or diminishing the value of the immovable, or is about to do so himself or by others, so as to prevent the creditor from recovering the whole or any part of his or her claim, to the amount of $48.

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   642.   If the demand be founded upon a claim for unliquidated damages, the writ of capias cannot issue without the Judge's order, after examining into the sufficiency of the affidavit; and the affidavit in such case must state the nature and, moreover, amount of the damages sought, and the facts which gave rise to them, and the Judge may in his or her discretion either grant or refuse the capias, and may fix the amount of the bail, upon giving which the defendant may be released.

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   643.   The writ of capias may be joined with the writ of summons, or may be issued afterwards as an incident in the cause. In the latter case it must be accompanied by a summons for a fixed day to show cause why the writ should not be declared valid and joined with the principal demand.

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   The writ may also issue after judgment has been obtained for the recovery of the debt.

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   644.   The amount for which the writ of capias has issued and the name of the person who made the affidavit must be endorsed upon the writ.

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   645.   It is not necessary that the declaration or statement of the demand should be served upon the defendant at the time of his or her arrest, but it suffices to leave a copy of it either with him or her, or at the office of the Registrar, within the 3 days which follow the service.

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   646.   Saving the exceptions contained in article 2134 in the Civil Code, a writ of capias cannot issue:

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      1.     against minister of any religious denomination whatever;

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      2.     against septuagenarians;

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      3.     against females.

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   647.   It cannot issue for any debt created out of Saint Lucia, nor for any debt under $48. (Amended by Act 3 of 1957)

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   648.   The affidavit required in the above articles may be made by one person only, or by several persons swearing each to a portion of the necessary facts, and it may be received and sworn to before the Judge, or a commissioner for taking affidavits, or the Registrar.

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   649.   When the capias is issued by the Registrar it is addressed to the Sheriff.

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   650.   It may be issued by a commissioner of the Supreme Court, in which case it is addressed to any Sheriff's officer.

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   651.   In all cases in which a writ of capias may issue, a warrant of arrest may be granted by a commissioner, and be addressed by him or her either to the Sheriff or a Sheriff's officer.

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   652.   Such warrant is in the name of the commissioner who grants it; it orders the arrest of the person therein designated and his or her delivery over to the keeper of the Royal gaol, who is commanded to keep him or her in his or her custody during 24 hours, and no longer, unless before the expiration of that time the plaintiff has obtained and caused to be executed against such defendant a writ of capias in the ordinary course.

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   653.   The debtor cannot be detained in a correctional facility in virtue of such warrant any longer than 24 hours.

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   654.   The commissioner granting such warrant must, without delay, transmit a duplicate of it, together with the original affidavit upon which it was granted and a certificate of his or her proceedings, to the Registrar, who must file the same and keep them as part of the record in the case.