This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
espoir
le commanditaire

Glossary entry

French term or phrase:

a fait pratiquer...à charge de...entre les mains de

English translation:

X has caused to be levied.... against Y ... (on the a/c frozen or earnings attached) with... Z

Added to glossary by Rebecca Elliott
Apr 17, 2019 16:10
5 yrs ago
7 viewers *
French term

a fait pratiquer...à charge de...entre les mains de

French to English Law/Patents Law (general)
This is a Belgian case relating to a dispute over the enforcement of a "saisie-arrêt exécution". I've seen "entre les mains" translated as both "against" and "by" in this context, which is confusing me. The sentence is as follows:

Ordonnons à Monsieur X de donner mainlevée de la saisie-arrêt exécution qu'il a fait pratiquer le [date] à charge de Y, entre les mains de Z...

I have translated it as:
Order Mr X to lift the third party debt order which, on [date], he instructed Z to serve on Y...

This is proving to be quite a challenge so any help is much appreciated, thank you!
Proposed translations (English)
3 +2 X has caused to be levied.... against Y ... (on the a/c frozen or earnings attached) with... Z
4 had served... upon... into the hands of

Discussion

Eliza Hall Apr 17, 2019:
@ Adrian Learn something new every day! :)
Adrian MM. Apr 17, 2019:
Saisie-arrêt exécution Since the England & Wales Lord Woolf civil justice reforms in 1998, namley 21 years ago, the terminology of a garnishee order (US: e.g. a garnishment of wages) and attachment (in E&W = e.g. of earnings) has been called a third(-)party debt(-)order.
Eliza Hall Apr 17, 2019:
Saisie-arrêt exécution That's not a "third party debt order," it's an attachment order. In other words, an order to attach (place a lien on) certain property. Depending on the property in question it could also be called a garnishment order (you can "garnish" wages or bank accounts). Such orders are indeed granted to satisfy third-party debts, but that's not what they're called.

Proposed translations

+2
4 hrs
Selected

X has caused to be levied.... against Y ... (on the a/c frozen or earnings attached) with... Z

We really need to know what the target of the saisie-arrêt exécution is, such as a bank a/c, payroll earnings or copyright royalties, to ascertain the right England & Wales terminology (vs. Scots law diligence), and what status X, Y and Z have.

Ordonnons à Monsieur X de donner mainlevée de la saisie-arrêt exécution qu'il a fait pratiquer le [date] à charge de Y, entre les mains de Z...

(I/Royal plural of we) Do order Mr. X to stop execution of the third party debt order (formerly garnishee oder in E&W) that he has caused to be levied on [date] against Y (the judgment or execution debtor), (on the a/c or earnings forzen) with (bank or employer).

Though agreeing with the above Eliza answer's scenario, I have never seen an order in the UK directing the 'laying of non-healing hands' on a debtor's bank a/c or earnings, but am willing to learn.

Adrian MM. formerly Kirsty MacC

--------------------------------------------------
Note added at 4 hrs (2019-04-17 20:46:29 GMT)
--------------------------------------------------

A shorter and perhaps better-spelt version:

Do order Mr. X to release the (E&W) third party debt order made and that he caused to be enforced on [date] against Y (a judgment or execution debtor?), (on the a/c frozen) with (bank).
Example sentence:

First, the creditor has to apply for an interim third party debt order – this will freeze your bank accounts while your case is being reviewed

Reference:

http://www.payplan.com/blog/what-is-a-third-party-debt-order/

http://eng.proz.com/kudoz/french-to-english/law-patents/512326-entre-les-mains-de.html

Peer comment(s):
agree Tony M
5 mins
Thanks, Tony.
agree AllegroTrans : it's precisely this but asker needs to be careful with "saisie-arrêt exécution"// mmmm... I think you mean "of art"
21 hrs
Thanks for that . the problem being that saisie-exécution on its own is also a term of art.//Indeed, though I prefer tarts.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you. "
30 mins

had served... upon... into the hands of

Just say "into the hands of Z" (with Z being the person or entity that actually was served with the order). I doubt that Z is the person who served the order; it's more likely that Z is who has possession of the property, owned by Y, that Monsieur X got an attachment order on.

In other words, Y owed money to Monsieur X, so Monsieur X got a court order to attach or garnish certain property owned by Y (for instance, perhaps Y's bank account), and to carry out that order, Monsieur X had the court order served upon Z, who possesses and controls that property (for instance, if we're talking about Y's bank account, Z would be the bank).

"Munie de son titre exécutoire, la société locataire a fait pratiquer une saisie-attribution à l'encontre de son bailleur entre les mains de sa banque pour recouvrer le montant des loyers versés en trop." (Belgian case, http://www.ysaconseil.com/breves/37633.html). This means that the company renting the property had an attachment served, with regard to its landlord, into the hands of its [the landlord's] bank to recover the amount of excess rent paid.
Peer comment(s):
agree writeaway : boilerplate imo. has the additional advantage of being clear and easy to understand
2 hrs
agree Yvonne Gallagher : agree with writeaway
16 hrs
disagree AllegroTrans : No, this isn't about service it's enforcement
1 day 1 hr
disagree Adrian MM. : Agree with Allegro
6 days
Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search