Saisiearrêt

Saisie-arrêt is a legal procedure used in some civil law jurisdictions, notably in Quebec, Canada, and France, to seize funds or assets held by a third party to satisfy a debt. It is a form of garnishment or attachment. The process typically involves a creditor obtaining a court order or judgment against a debtor. This order then allows the creditor to serve a saisie-arrêt notice on a third party who owes money to the debtor or holds assets belonging to the debtor.

The third party, often referred to as the "garnishee," is then legally obligated to retain the funds or assets specified in the notice and pay them directly to the creditor, up to the amount of the outstanding debt. Common examples of garnishees include employers who owe wages to an employee, banks holding a debtor's accounts, or tenants who owe rent to a landlord who is also a debtor.

There are usually specific rules and procedures that must be followed for a saisie-arrêt to be valid. These often include requirements for proper notification to all parties involved, including the debtor, and limitations on the amount that can be seized, particularly concerning wages, to ensure the debtor can still meet basic living expenses. The debtor typically has the right to contest the saisie-arrêt in court if they believe it is unlawful or if the amount seized is excessive. This legal mechanism provides a way for creditors to enforce their judgments when direct collection from the debtor proves difficult.