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Elisors are court-appointed persons that replaces their signature for some other person for documents, if that person should not, cannot, or won't sign the documents.
Many times the person who is the Elisor fills in for a coroner or a sheriff (if they are unqualified or unavailable) for the specific action of document signing necessary to comply with a court order.
The laws about Elisors are often similar across the nation, but they vary in many states. In California, California code of Civil Procedure 262.8 (c) specifies that when "a coroner or a sheriff is a party, and there is a vacancy in the office of the other, or where it appears, by affidavit, to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice, or other cause, would not act impartially or promptly."
California California code of Civil Procedure 262.8 (c) could be used if a coroner or a sheriff are parties to some matter, with an affidavit is submitted with the court which claims they may behave in ways not consistent with what their duties require.
An obvious example showing California code of Civil Procedure 262.8 (c) is useful, is if there is a business owned by a judgment debtor coroner or a sheriff. Another is if a coroner or a sheriff is a party in a lawsuit, another is if there can be an assumption of bias. One example of bias could be if the sheriff will not cooperate with a court order for an auction sale of, assets belonging to a the sheriff's relative.
Depending on where you live, Elisor laws could help if the sheriff where you live refuses to pick up someone after a bench warrant has been issued. Maybe you could request a court to appoint an Elisor sheriff that is willing to actually arrest a debtor (having a current bench warrant for their arrest) and take them into custody. This does not work in (e.g., California) counties if there is no room in the jails for civil contemners.
What if a debtor owns shares of stock in a closely-held company, and you can't locate the "physical certificates"? Note that you don't always require the certificates of a closely-held company. Certificates are evidence of ownership, not legal proof of ownership. Some companies never print physical stock certificates.
When you do require physical certificates (I am not an attorney), maybe one could start by getting a get a turnover order, and:
A) If the debtor's shares get turned over to the sheriff or you, mission accomplished.
B) If the shares aren't turned over because the certificates haven't yet been issued, then an order against the company to issue the share certificates may be appropriate.
C) If the company doesn't comply, then get an Elisor order:
1 - File your motion of Elisor, stating the debtor did not comply, and a clerk of the court should be permitted to sign on behalf of the debtor by order of the court. Have the judge sign the order.
2 - Askthe court clerk sign the blank stock shares you will provide.
3 - File the signed shares with your Secretary of State.
4 - Call a meeting of the corporate board, perhaps terminate the current board, and liquidate the debtor's corporate assets.
What if the debtor won't sign a property transfer receipt or agreement when you were the highest bidder at a sheriff auction? File the motion of Elisor, and request the court to appoint a clerk to sign on behalf of the debtor.
An Elisor order could be used if someone doesn't return property as required by a court order.
In a divorce, if one spouse won't sign over an ordered share of a business or a property, an Elisor order may solve this problem and make the transaction legal, because it was ordered by the court.
