PROC 124 Lecture Notes - Lecture 18: Ian Binnie, State Agency For National Security, Linear Motor
24 Jan 2018
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It"s always a measure requested by the plaintiff in a case where plaintiff is suing for $ (anything that would make it hard for plaintiff to recuperate the $ won on the merits) In her motion to judge, p will include an affidavit (sworn statement: affidavit re: existence of claims + facts justifying seizure (art. 516 nccp refereeing to rules re: seizure after judgment: art. 681 nccp + moj notice of execution: seizure before judgement is not a blanket order allowing p to go seize any of. 523: once seizure is authorized, it"s possible for d to keep his car for ex. 518 nccp: if there is reason to fear that recovery of the claim [merits] might be jeopardized w/ the seizure : opera-on-site (2005, qcsc): good illustration of how rules are applied by judged, par. 13: judge summarizes the relevant case law that have provided additional details on the criteria: par.
