KudoZ home » Spanish to English » Law (general)

Embargo Retentivo

English translation: Garnishee order/third party debt order

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Embargo Retentivo
English translation:Garnishee order/third party debt order
Entered by: AllegroTrans
Options:
- Contribute to this entry
- Include in personal glossary

16:56 Sep 19, 2007
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: Embargo Retentivo
This is from a Dominican republic court proceedings doc. I have so far translated the whole phrase "Embargo Retentivo u Oposición" as "Attachment by Garnishment" because it does include a third part (garnishee), so i felt that it fitted best with that.

However, when it is presented merely as "Embargo Retentivo", does this meaning change or is there emphasis on a particular aspect of "Attachment by Garnishment" that I need to bring out?

This is important as the document claims that this "Attachment by Garnishment" was inappropriate to the situation.
Jenni Sheppard
Canada
Local time: 18:51
Garnishee order/third party debt order
Explanation:
garnishee order
A court order instructing a garnishee (a bank) that funds held on behalf of a debtor (the judgement debtor) should not be released until directed by the court. The order may also instruct the bank to pay a given sum to the judgement creditor (the person to whom a debt is owed by the judgement debtor) from these funds.

Source:
www.fairinvestment.co.uk/garnishee-order-Banking-glossary-6...
Selected response from:

AllegroTrans
United Kingdom
Local time: 02:51
Grading comment
This worked well, thanks.
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
3 +1Restraining order (temporary or provisional)David Brown
4Freezing Order or InjunctionxxxAdrian MM.
3Garnishee order/third party debt order
AllegroTrans


Discussion entries: 9





  

Answers


14 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
Restraining order (temporary or provisional)


Explanation:
No legal expert, but it seems to me it is this--

Embargo retentivo o incautación provisional: La prohibición temporal de transferir, convertir, enajenar o mover bienes, o la custodia o el control temporal de bienes, por mandamiento expedido por un tribunal competente

Seizure or Freezing of Funds: The temporary prohibition to transfer, exchange, sale or move property, or the custody or temporary control of property by virtue of an order of the competent court or authority.

ContiChem also sought a temporary restraining order and/or preliminary injunction prohibiting garnishee Unibank from transferring Parsons' assets out of the ...
www.admiraltylawguide.com/circt/2ndcontichem.html - 43k -


David Brown
Spain
Local time: 03:51
Native speaker of: Native in EnglishEnglish
PRO pts in category: 114

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: it could be, but we still need to know against who or what the order lies-this will determine the correct term in English
9 hrs

agree  xxxAdrian MM.: but you have given a UK - magistrates court - domestic violence term i.e. restraining a violent spouse
12 hrs
Login to enter a peer comment (or grade)

1 day2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Freezing Order or Injunction


Explanation:
David has done the spade-work. His definition fits a broad range of targets which, I agree with Allegro, need to be more closely defined. But a freeze order is a wide ex-Mareva net.

The last accepted ProZ answer of distraint is below, but suggests levying distress and not stopping disposal of property.





--------------------------------------------------
Note added at 1 day2 hrs (2007-09-20 19:50:45 GMT)
--------------------------------------------------

NB. the parties to such an application are applicant - usually pluralise to applicants if a co. - and respondent(s). Sometimes the application is worded on the grant of the application in the London/Manchester High Court: Applicants/Claimants vs. Respondents/Defendants.

Example sentence(s):
  • A "freezing injunction" or "freezing order" is a special form of interim order stopping a party from disposing of assets or removing them out of the country ...

    Reference: http://www.proz.com/kudoz/584522
    Reference: http://www.emplaw.co.uk/free/4frame/data/200509201.htm
xxxAdrian MM.
Local time: 03:51
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1292

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: it might be, but we cannot be certain as we don't have the full context - it could well be a garnishee, even a stop order on shares, we need more context
38 mins
  -> Then tell us what property cannot be caught by a freezing order. BTW, a charging - not a stop - order is made over co. shares.
Login to enter a peer comment (or grade)

1 day7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Garnishee order/third party debt order


Explanation:
garnishee order
A court order instructing a garnishee (a bank) that funds held on behalf of a debtor (the judgement debtor) should not be released until directed by the court. The order may also instruct the bank to pay a given sum to the judgement creditor (the person to whom a debt is owed by the judgement debtor) from these funds.

Source:
www.fairinvestment.co.uk/garnishee-order-Banking-glossary-6...

AllegroTrans
United Kingdom
Local time: 02:51
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1263
Grading comment
This worked well, thanks.
Login to enter a peer comment (or grade)




Return to KudoZ list


Changes made by editors
Sep 24, 2007 - Changes made by AllegroTrans:
Created KOG entryKudoZ term » KOG term


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search