Saisies

Saisies refers to the legal process by which a creditor can seize a debtor's assets to satisfy an outstanding debt. This is a common enforcement mechanism in civil law jurisdictions. The process typically begins with a court judgment recognizing the debt. Once a judgment is obtained, the creditor can petition the court for a saisie order.

There are various types of saisies, depending on the asset being targeted. Saisie-attribution, for example, allows a creditor to seize funds held by a third party, such as a bank account. Saisie-brandon involves the seizure of movable property, like furniture or vehicles. Saisie-immobilière pertains to the seizure of real estate. The specific procedures and requirements for each type of saisie vary by jurisdiction and are governed by detailed legal codes.

Before a saisie can be executed, the debtor is usually given notice and an opportunity to object to the seizure. However, in certain urgent cases, a saisie may be ordered without prior notice to the debtor, known as a saisie conservatoire or precautionary seizure, to prevent the debtor from disposing of assets. The ultimate goal of a saisie is to liquidate the seized assets and use the proceeds to pay off the debt owed to the creditor. If the sale of the assets does not cover the full debt, the creditor may still pursue other avenues for recovery.