|Portuguese to English translations [PRO]|
Law/Patents - Law (general) / Lien-Seizure-Foreclosure
|Portuguese term or phrase: baixa na distribuição|
|Context: The creditor has not found any debtor or guarantor assets to seize, so the Creditor has petitioned the judge to "determinar o Arquivamento Provisorio do processo "Sem Baixa na Distribuição" ate que sejam localizados bens em nome dos devedores... |
Is the creditor seeking Temporary Suspension of the proceedings without "Discharging the Distribution"? Does this mean "distribution of money or property"?
|discharging(?) the distribution(?) (better explained below)|
No, it doesn't mean distribution of money or property.
What is "distribuição", in this context? I'll keep the word in Portuguese because I don't know the correspondent term in English, in spite of what the Noronha's "Legal Dictionary" may say. When you file a lawsuit in a county where there may be more than one competent judge for that lawsuit, there is a clerk in charge of assigning suits (and appeals) to each judge or panel of judges. This clerk is named "Distribuidor" (distributor?). "Distribuição" is the act of filing, recording and assigning (to one judge among all competent judges) the initial petition for the lawsuit.
When the lawsuit is over, for any reason, the "Distribuidor" removes the lawsuit from its active records. This removal from the active records is called "baixa" (discharge?).
What the text says is that the Creditor is seeking Temporary Suspension of the proceedings without discharging(?) the distribution(?), that is, the lawsuit will be kept active in the records of the "Distribuidor", until debtor or guarantor assets are found.
I hope that, with this explanation, you may find the proper words in English. I'm a lawyer myself, but I studied in Portuguese, all the time. My experience doesn't include many forensic terms in English, but only in the areas of contracts and private law. I act almost exclusively as legal consultant, rather than lawyer.
Note added at 16 hrs 18 mins (2004-12-01 14:46:36 GMT)
Should \"distribuição\" de translated as \"case management\" and \"distribuidor\" be translated as \"case-management service\" (you should check with a local lawyer or at the Courthouse), then you may translate the expression as \"discharge by the case-management service\".
There is no \"change of case manager\".
Selected response from:
Local time: 23:13
|I think the expanded explanation that this means "Discharge [of the case] by the Case Management Service conveys the correct meaning here.|
3 KudoZ points were awarded for this answer
44 mins confidence: peer agreement (net): +2
|baixa na distribuição |
haulting further/ (without) releasing distribution
seems to me the judge has issued an order halting any further distribution
Local time: 23:13
Works in field
Native speaker of: Portuguese
PRO pts in category: 48
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