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executarea silita: poprirea

English translation: enforcement of a judgement: garnishment


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Romanian term or phrase:executare silita: poprire
English translation:enforcement of a judgement: garnishment
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21:09 Feb 13, 2005
Romanian to English translations [PRO]
Law/Patents - Law (general)
Romanian term or phrase: executarea silita: poprirea
Poprirea este procedeul prin care creditorul urmareste sumele de bani sau bunurile mobile incorporabile pe care o terta persoana la datoreaza debitorului poprit.
enforcement of a judgement: garnishment

Note added at 51 mins (2005-02-13 22:01:31 GMT)

Sensul juridic al lui \"sequestration\" este sechestrare, confiscare
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Local time: 23:40
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4 KudoZ points were awarded for this answer


Summary of answers provided
4 +2sequestration
Maria Diaconu
5forced execution: garnishment
Oana Clapa
4enforcement of a judgement: garnishment



5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2

poprire > sequestration

Note added at 8 mins (2005-02-13 21:18:11 GMT)

De fapt care era întrebarea? Executarea silită sau poprirea?
executare silită > enforcement of judgement

Maria Diaconu
Local time: 23:40
Native speaker of: Native in RomanianRomanian
PRO pts in category: 36

Peer comments on this answer (and responses from the answerer)
agree  Elizabeth Rudin
9 mins
  -> Mulţumesc

agree  Marcella Magda
34 mins
  -> Mulţumesc
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7 mins   confidence: Answerer confidence 5/5

Cf. dictionarului American Heritage:
1. The act of sequestering; segregation. 2. Law. a. Seizure of property. b. A writ authorizing seizure of property.

Cf. google:
a writ that authorizes the seizure of property

seizing property that belongs to someone else and holding it until profits pay the demand for which it was seized

Cf. Bouviers Law Dictionary 1856 Edition
SEQUESTRATION, chancery practice. The process of sequestration is a writ of commission, sometimes directed to the sheriff, but most usually, to four or more commissioners of the complainant's own nomination, authorizing them to enter upon the real or personal estate of the defendant, and to take the rents, issues and profits into their own hands, and keep possession of, or pay the same as the court shall order and direct, until the party who is in contempt shall do that which he is enjoined to do, and which is specially mentioned in the writ. 1 Harr. Ch. 191; Newl. Ch. Pr. 18; Blake's Ch. Pr. 103.

2. Upon the return of non est inventus to a commission of rebellion, a ser-geant-at-arms may be moved for; and if he certifies that the defendant cannot be taken, a motion may be made upon his certificate, for an order for a sequestration. 2 Madd. Chan. 203; Newl. Ch. Pr. 18; Blake's Ch. Pr. 103.

3. Under a sequestration upon mesne process, as in respect of a contempt for want of appearance or answer, the sequestrators may take possession of the party's personal property and keep him out of possession; but no sale can take place, unless perhaps to pay expenses; for this process is only to form the foundation of taking the bill pro confesso. After a decree it may be sold. See 3 Bro. C. C. 72; 2 Cox, 224; 1 Ves. jr. 86; 3 Bro. C. C. 372; 2 Madd. Ch. Pr. 206. See, generally, as to this species of sequestration, 19 Vin. Abr. 325; Bac. Ab. h. t.; Com.; Chancery, D 7, Y 4; 1 Hov. Supp. to Ves. jr. 25 to 29; 1 Vern. by Raith. 58, note 1; Id. 421, note 1.

SEQUESTRATION, contracts. A species of deposit, which two or more persons, engaged in litigation about anything, make of the thing in contest to an indifferent person, who binds himself to restore it when the issue is decided, to the party to whom it is adjudged to belong. Louis. Code, art. 2942; Story on Bailm: 45. Vide 19 Vin. Ab. 325; 1 Supp. to Yes. jr. 29; 1 Vern. 58, 420; 2 Ves. jr. 23; Bac. Ab. h. t. 2. This is called a conventional sequestration, to distinguish it from a judicial sequestration, which is considered in the preceding article. Sec Dalloz, Dict. mot Sequestre.

SEQUESTRATION, Louisiana practice. The Code of Practice in civil cases in Louisiana, defines and makes the following provisions on the subject of sequestration. Art. 269. Sequestration is a mandate of the court, ordering the sheriff, in certain cases, to take in his possession, and to keep a thing of which another person has the possession, until after the decision of a suit, in order that it be delivered to him who shall be adjudged entitled to have the property or possession of that thing. This is what is properly called a judicial sequestratian. Vide 1 Mart. R. 79; 1 L. R. 439; Civil Code of Lo. 2941; 2948.

2. - Art. 270. In this acceptation, the word sequestration does not mean a judicial deposit, because sequestration may exist together with the right of administration, while mere deposit does not admit it.

3. - Art. 271. All species of property, real or personal, as well as the revenue proceeding from the same, may be sequestered.

4. - Art. 272. Obligations and titles may also be sequestered, when their ownership is in dispute.

5. - Art. 273. Judicial sequestration is generally ordered only at the request of one of the parties to a suit; there are cases, nevertheless, where it is decreed by the court without such request, or is the consequence of the execution of judgments.

6. - Art. 274. The court may order, ex officio, the sequestration of real property in suits, where the ownership of such property is in dispute and when one of the contending parties does not seem to have a more apparent right to the possession than the other. In such cases, sequestration may be ordered to continue, until the question of ownership shall have been decided.

7. - Art. 275. Sequestration may be ordered at the request of one of the parties in a suit in the following cases: 1. When one who had possessed for more than one year, has been evicted through violence, and sues to be restored to his possession. 2. When one sues for the possession of movable property, or of a slave, and fears that the party having possession, may ill treat the slave or send either that slave, or the property in dispute, out of the jurisdiction of the court, during the pendency of the suit. 3. When one claims the ownership, or the possession of real property, and has good ground to appre-hend, that the defendant may make use of his possession to dilapidate or to waste the fruits or revenues produced by such property, or convert them to his own use. 4. When a woman sues for a separation from bed and board, or only for a separation of property from her hushand, and has reason to apprehend that he will ruin her dotal property, or waste the fruits or revenues produced by the same during the pendency of the action. 5. When one has petitioned for a stay of proceedings, and a meeting of his creditors, and such creditors fear that he may avail himself of such stay of proceedings, to place the whole, or a part of his property, out of their reach. 6. A creditor by special mortgage shall have the power of sequestering the mortgaged property, when he appre-hends that it will be removed out of the state before he can have the benefit of his mortgage, and will make oath of the facts which induced his apprehension.

8. - Art. 276. A plaintiff wishing to obtain an order of sequestration in any one of the cases above provided, must annex to the petition in which he prays for such an order, an affidavit, setting forth the cause for which he claims such order, he must besides, execute his obligation in favor of the defendant, for such sum as the court shall determine, with the surety of one good and solvent person, residing within the jurisdiction of the court, to be responsible for such damages as the defendant may sustain, in case such sequestration should have been wrongfully obtained.

9. - Art. 277. When security is given in order to obtain the sequestration of real property which brings a revenue, the judge must require that it be given for an amount sufficient to compensate the defendant, not only for all damage which he may sustain, but also for the privation of such revenue, during the pendency of the action.

10. - Art. 278. The plaintiff when he prays for a sequestration of the property of one who has failed, is not required to give such security, though that property bring in a revenue.

11. - Art. 279. A defendant against whom a mandate of sequestration has been obtained, except in cases of failure, may have the same set aside, by executing his obligation in favor of the sheriff, with one good and solvent surety, for whatever amount the judge may determine, as being equal to the value of the property to be left in his possession.

12. - Art. 280. The security thus given by the defendant, when the property sequestrated consists in movables or in slaves, shall be responsible that he shall not send away the same out of the jurisdiction of the court; that he shall not make an improper use of them; and that he will faithfully present them, after definitive judgment, in case he should be decreed to restore the same to the plaintiff.

13. - Art. 281. As regards landed property, this security is given to prevent the defendant, while in possession, from wasting the property, and for the faithful restitution of the fruits that he may have received since the demand, or of their value in the event of his being cast in the suit.

14. - Art. 282. When the sheriff has sequestered property pursuant to an order of the court, he shall, after serving the petition and the copy of the order of sequestration on the defendant, send him return in writing to the clerk of the court which gave the order, stating in the same in what manner the order was executed, and annex to such return a true and minute inventory of the property sequestered, drawn by him, in the presence of two witnesses.

15. - Art. 283. The sheriff, while he retains possession of sequestered property, is bound to take proper care of the same and to administer the same, if it be of such nature as to admit of it, as a prudent father of a family administers his own affairs. He may confide them to the care of guardians or overseers, for whose acts he remains responsible, and he will be entitled to receive a just compensation for his administration, to be determined by the court, to be paid to him out of the proceeds of the property sequestered, if judgment be given in favor of the plaintiff.

Note added at 8 mins (2005-02-13 21:18:34 GMT)

aaa, sorry maria, ai postat cam in acelasi timp cu mine si nu te-am vazut! :)

    Reference: http://www.google.ro/search?hl=ro&client=firefox-a&rls=org.m...
    Reference: http://www.jusbelli.com/Bouvier/bouvier1856idx.html
Oana Clapa
Local time: 22:40
Native speaker of: Native in RomanianRomanian
PRO pts in category: 4
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12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
enforcement of a judgement: garnishment


Note added at 51 mins (2005-02-13 22:01:31 GMT)

Sensul juridic al lui \"sequestration\" este sechestrare, confiscare

Local time: 23:40
Works in field
Native speaker of: Native in RomanianRomanian
PRO pts in category: 8
Grading comment

Peer comments on this answer (and responses from the answerer)
neutral  Ioana Costache: cred ca garnishment se refera in general la poprirea din salariu; cu sensul de 'sechestru' l-am gasit in maritime law - 'attachment and garnishment'
25 mins
  -> "garnishment" - warning served on a third party to hold wages, property, etc., belonging to a debtor pending settlement in court (Random House Webster's Dictionary)
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11 hrs   confidence: Answerer confidence 5/5
forced execution: garnishment


LEGISLATIONLINE.ORG - free online legislation database... Section 10. (1) Any residue amount after the full payment of the creditors in any process of forced execution levied during the term of the restraint of ...
www.legislationline.org/get.php?document=57365 - 32k - În Cache - Pagini similare

[PDF] 2003 NLISTip de fişier: PDF/Adobe Acrobat - Versiunea HTML
... The chargeholder must notify the chargor/debtor through the hypothec court of the pending forced execution and request transfer 4 Page 5. ...
www.ebrd.com/country/sector/ law/about/assess/case/lith.pdf - Pagini similare

Dispute Resolution - Real-Audit: Audit · Law · Taxes in GermanyMain Page. Dispute Resolution. General. Germany provides for different branches of law courts competent to try cases according to the ...
www.real-audit.de/dispute_resolution.htm - 7k - În Cache - Pagini similare

[PDF] COUNCILTip de fişier: PDF/Adobe Acrobat - Versiunea HTML
... on by a single person; forced execution of such a title and the conditions under which forced execution of such a title can be stopped or ...
europa.eu.int/eur-lex/lex/LexUriServ/ LexUriServ.do?uri=OJ:C:1999:284:0001:0008:EN:PDF - Pagini similare

[PDF] Official Journal of the European Communities 8.8.2000 L 200/35Tip de fişier: PDF/Adobe Acrobat - Versiunea HTML
... 8.8.2000 L 200/36 (15) This Directive only defines the term ‘enforceable title’ but does not regulate the various procedures of forced execution of such a ...
europa.eu.int/eur-lex/lex/LexUriServ/ LexUriServ.do?uri=OJ:L:2000:200:0035:0038:EN:PDF - Pagini similare
[ Mai multe rezultate de la europa.eu.int ]

[PDF] Tax FlashTip de fişier: PDF/Adobe Acrobat - Versiunea HTML
... The Norms provide for the method of computation of late payment interest and penalties. Forced execution and turning to value of seized goods ...
www.ey.com/.../Tax_Flash_No._2004_-_13/$file/ Tax%20Flash%2013_Fiscal%20Code-Norms%20of%20application.pdf - Pagini similare

Vorratsgesellschaften Deutschland AG, public limited companies ...... The buy-back shall become effective upon the announcement of the decision, but in the case of an individual writ of forced execution only one month after the ...
www.vorratsgesellschaften-deutschland.de/ st_gmbh_public_limited_shelf_companies.htm - 39k - În Cache - Pagini similare

[PDF] automatic recognition of decisionsTip de fişier: PDF/Adobe Acrobat
... the competent Court of Appeal to verify whether the conditions for recognition have been satisfied if it is necessary to proceed to a forced execution, if the ...
perso.wanadoo.fr/ciec-sg/Etudes/ ColloqueCIEC/CIEColloqueRaimondiAngl.pdf - Pagini similare

[PDF] Legislative AlertTip de fişier: PDF/Adobe Acrobat - Versiunea HTML
... In case of forced execution, any payment performed after receiving the summoning will settle the fiscal liability assessed in such summoning (Rom. ...
www.eylaw.com/global/download.nsf/EYSEE/ Legislative_Alert_-_May_2004/$file/Legislative%20Alert_May04.pdf - Pagini similare

FEDRA - Research project... in-depth analysis of EU regulations, which rules are liable to improve the legal protection of citizens under the law applicable to matters of forced execution ...
www.belspo.be/belspo/fedra/proj.asp?l=en&COD=PC/18 - 11k - În Cache - Pagini similare

dict.cc: Wörterbuch für Deutsch-Englisch Übersetzungen... Zwangspensionierung {f}, mandatory retirement. Zwangsregulierung {f}, forced execution. Zwangsräumung {f}, dispossession. Zwangsschlichtung ...
www.dict.cc/blaettern/694.php - 51k - În Cache - Pagini similare
[PDF] BELGIUMTip de fişier: PDF/Adobe Acrobat - Versiunea HTML
... For the enforcement of a foreign insolvency decision, which will only be necessary for so-called “acts of forced execution,” the full procedure of ...
www.insol.org/pdf/cross_pdfs/Belgium.pdf - Pagini similare

2001/11/11 23:32 War Reparations - A Shock for the RS Budget... Assembly tried to resolve this situation at its session of June 22 by adopting the conclusion No.01-336/00 which stated that the forced execution of court ...
www.aimpress.ch/dyn/trae/archive/ data/200111/11111-005-trae-sar.htm - 13k - În Cache - Pagini similare


Definiţii din Web pentru Garnishment
The seizing of a person's property, credit or salary, on the basis of a law which allows it, and for the purposes of paying off a debt. The person who possesses the assets of the debtor and is the subject of the seizure is called a "garnishee". This is frequently used in the enforcement of child support where delinquent debtors will be subjected to salary garnishment. A percentages of their wages is subtracted directly off their pay-check and directed to the person in need of support (the employer being the garnishee).
www.duhaime.org/dictionary/dict-gh.htm - Definiţie în context

Garnishment of wages and bank accounts
Fair Debt Collection.com. Garnishment actions on wages and bank accounts. (see social
security below) and Bank Accounts Below. ... Garnishment of Bank Accounts. ...
www.fair-debt-collection.com/searches/garnishment.html - 15k - În Cache - Pagini similare

Wage garnishment laws and your rights explained here!
... Wage garnishment laws include attaching wages, bank accounts and student loans in
default. The law does not describe how to stop wage garnishment! ...
www.fair-debt-collection.com/garnishment-law.html - 16k - În Cache - Pagini similare

n. Process of petitioning and having a court order direct a person or entity hold funds they owe to someone who is allegedly in debt to another person until a judgment has been rendered. The amount is often paid by installments directly or through the sheriff once the actual amounts have been determined. http://www.legal-explanations.com/definitions/garnishment.ht...

An amount withheld from your pay and remitted to another party, such as a creditor. You must include in your taxable income any amount that was garnished from your pay, because the full amount of your pay is considered to have been received by you even though some was withheld to pay your debts.

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