KudoZ home » French to English » Law/Patents

par acte ... ont assigné

English translation: serve a default summons on X (England and Wales)

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)
French term or phrase:assigner X à payer
English translation:serve a default summons on X (England and Wales)
Entered by: Nikki Scott-Despaigne
Options:
- Contribute to this entry
- Include in personal glossary

19:32 Jan 13, 2002
French to English translations [PRO]
Law/Patents / court documents
French term or phrase: par acte ... ont assigné
Par acte du 12 mai 1999 la compagnie XXXX et M. Y ont assigné la sociéteé ZZZ devant le Tribunal d'Instance de MMMM, pour la voir condamner à payer:
Theodore Quester
United States
Local time: 03:09
(service) of a default summons (England and Wales)
Explanation:

« Par acte du 12 mai 1999 la compagnie XXXX et M. Y ont assigné la sociéteé ZZZ devant le Tribunal d'Instance de MMMM, pour la voir condamner à payer. »

An « assignation » is a procedural instrument (civil law) addressed buy the applicant/plaintiff to the defendant/respondent via an « huissier » (bailiff, literally, although service of this sort would most likely be effected by a solicitor in the UK), inviting the defendant to appear before the court mentioned and which can give the applicant judgment in default if in the Tribunal d’Instance (rough translation of Dalloz, Lexique de termes juridiques). In other words, the plaintiff is inviting the defendant to appear in some debt related matter. If the defendant fails to appear (or a lawyer acting for him fails to appear), then judgment will be made in default – ie if he doesn’t turn up or he is not represented at the hearing , the court will decide the matter in the applicant’s favour.

Strictly speaking an “acte” is a “deed”, a document which is signed, witnessed and delivered under seal. More specifically, here it is referring to a “writ” (an order issued by the court directing some act or other to be carried out)). Writs traditionally had to be delivered under seal.

Types of writ :
- writ of summons : the writ which commences an action in the High Court (also known as “originating summons”) and which requires the defendant to return the acknowledgement of service. If he fails to do so, judgment is given in default, ie the court will rule in favour of the claimant.
- writ of execution : the writ issued when enforcing a judgment. More specifically yet again, the particular writ of execution might be described more correctly by another type depending on its contexts. A “writ of fieri facias”, being Latin for you should cause to be done, (commonly knows as “a writ of fi fa”), is used to enforce the payment of a debt when judgment has been entered against the debtor (ie when the court has already found in the creditor’s favour).

Types of summons :
- summons : a court order to an individual to appear in court at a specified place and time.
- default summons : used to initiate all proceedings in the county court when the only relief claimed is payment of money. This requires the defendant to meet the claim (pay up) within 14 days or to file a form of admission, defence or counterclaim. IF he fails to do so, the plaintiff may obtain judgment in default.

I would like to see the rest of your sentence, but it would appear that in 1999 the plaintiffs XXX and YYY applied to the court as ZZZ had failed to pay over monies due. Given the Dalloz explanation of “assignation” (appear/be represented or judgment will me made in default), it can be assimilated to the English “default summons”. Thus

“By a writ dated 12th May 1999, ZZZ was summonsed by XXX and MMM to appear before the court MMM for failing to have paid ….”


Sources :
- Lexique de termes juridiques, DALLOZ
- Oxford Dictionary of Law, OUP

Experience :
- professional experience in civil litigation/private practice

--------------------------------------------------
Note added at 2002-01-14 08:56:27 (GMT)
--------------------------------------------------

In GB English, as the date is specified, remeber you have no choice but to use the simple past.
Selected response from:

Nikki Scott-Despaigne
Local time: 09:09
Grading comment
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
4 +1(service) of a default summons (England and Wales)
Nikki Scott-Despaigne
4summoned by bill of indictmentadekwatis


  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
summoned by bill of indictment


Explanation:
Legal experience

adekwatis
France
Local time: 09:09
PRO pts in pair: 4
Login to enter a peer comment (or grade)

12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
(service) of a default summons (England and Wales)


Explanation:

« Par acte du 12 mai 1999 la compagnie XXXX et M. Y ont assigné la sociéteé ZZZ devant le Tribunal d'Instance de MMMM, pour la voir condamner à payer. »

An « assignation » is a procedural instrument (civil law) addressed buy the applicant/plaintiff to the defendant/respondent via an « huissier » (bailiff, literally, although service of this sort would most likely be effected by a solicitor in the UK), inviting the defendant to appear before the court mentioned and which can give the applicant judgment in default if in the Tribunal d’Instance (rough translation of Dalloz, Lexique de termes juridiques). In other words, the plaintiff is inviting the defendant to appear in some debt related matter. If the defendant fails to appear (or a lawyer acting for him fails to appear), then judgment will be made in default – ie if he doesn’t turn up or he is not represented at the hearing , the court will decide the matter in the applicant’s favour.

Strictly speaking an “acte” is a “deed”, a document which is signed, witnessed and delivered under seal. More specifically, here it is referring to a “writ” (an order issued by the court directing some act or other to be carried out)). Writs traditionally had to be delivered under seal.

Types of writ :
- writ of summons : the writ which commences an action in the High Court (also known as “originating summons”) and which requires the defendant to return the acknowledgement of service. If he fails to do so, judgment is given in default, ie the court will rule in favour of the claimant.
- writ of execution : the writ issued when enforcing a judgment. More specifically yet again, the particular writ of execution might be described more correctly by another type depending on its contexts. A “writ of fieri facias”, being Latin for you should cause to be done, (commonly knows as “a writ of fi fa”), is used to enforce the payment of a debt when judgment has been entered against the debtor (ie when the court has already found in the creditor’s favour).

Types of summons :
- summons : a court order to an individual to appear in court at a specified place and time.
- default summons : used to initiate all proceedings in the county court when the only relief claimed is payment of money. This requires the defendant to meet the claim (pay up) within 14 days or to file a form of admission, defence or counterclaim. IF he fails to do so, the plaintiff may obtain judgment in default.

I would like to see the rest of your sentence, but it would appear that in 1999 the plaintiffs XXX and YYY applied to the court as ZZZ had failed to pay over monies due. Given the Dalloz explanation of “assignation” (appear/be represented or judgment will me made in default), it can be assimilated to the English “default summons”. Thus

“By a writ dated 12th May 1999, ZZZ was summonsed by XXX and MMM to appear before the court MMM for failing to have paid ….”


Sources :
- Lexique de termes juridiques, DALLOZ
- Oxford Dictionary of Law, OUP

Experience :
- professional experience in civil litigation/private practice

--------------------------------------------------
Note added at 2002-01-14 08:56:27 (GMT)
--------------------------------------------------

In GB English, as the date is specified, remeber you have no choice but to use the simple past.

Nikki Scott-Despaigne
Local time: 09:09
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431

Peer comments on this answer (and responses from the answerer)
agree  Jacqueline McKay
9 hrs
  -> Thanks Jacqueline!
Login to enter a peer comment (or grade)




Return to KudoZ list


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