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Sequester in Legal

If the sheriff has seized property under a court order, the sheriff must, after serving the defendant with the application and a copy of the seizure order, return it in writing to the clerk of the court that made the order, indicating how the order was enforced. and to attach to this restitution a truthful and meticulous inventory of the confiscated property, which he made in the presence of two witnesses. All types of property, whether real or personal, and the resulting income may be confiscated. Bonds and titles may also be forfeited if their ownership is disputed. Although forcible confinement is unpopular with jurors, it has two main purposes. The first is to avoid accidentally tainting the jury, and the second is to prevent others from deliberately manipulating the jury through bribery or threats. Publicity of the trial, public opinion, interested parties, lawyers` manoeuvres and machinations outside the courtroom can compromise the objectivity of the jury and deprive the accused of a fair trial. Judges are free to punish jurors if they believe any of these factors could affect the outcome of the trial. To separate. Sometimes juries are isolated from outside influences during their deliberations.6 min spent reading SEQUESTRATION, Louisiana practice. The Louisiana Code of Civil Practice defines and includes the following provisions on forcible confinement.

269. A seizure is a warrant from the court which, in certain cases, orders the sheriff to take possession of his thing and to keep an object in the possession of another person until a proceeding has been decided so that it may be returned to the person who is deemed to have the right to have the property or possession of the thing. This is rightly called a judicial seizure. Empty 1 Mart. R. 79; 1 R. S. 439; Civil Code of Lo. 2941; 2948. 2.-Article 270.

In this case, the word sequestration does not mean judicial filing, since sequestration can coexist with administrative law, whereas mere filing does not. 3.-Article 271. All types of property, whether real or personal, and the resulting income may be confiscated. 4.-272 Bonds and securities may also be seized if their ownership is disputed. 5.-Article 273. Judicial seizure is normally ordered only at the request of one of the parties to a dispute; However, there are cases where it is issued by the Court of Justice without such a request or is the consequence of the execution of judgments. 6.-Article 274. The court may, of its own motion, order the seizure of immovable property in a dispute if the ownership of the property is disputed and one of the parties to the dispute does not appear to have a more obvious right of possession than the other.

In these cases, it may be ordered that the seizure continue until the question of ownership has been decided. 7.-Article 275. Seizure may be ordered at the request of one of the parties to the dispute in the following cases: 1. If a person in possession for more than one year has been forcibly evicted and brings legal proceedings for the return of his possession. 2. When a person brings an action for possession of movable property or a slave and fears that the party owning the property will mistreat the slave or remove the slave or disputed property from jurisdiction while the dispute is pending. 3. If someone claims ownership or possession of real property and has reasonable grounds to believe that the defendant may use his or her property to confiscate or waste the fruits or income from such property or convert it for his or her own use. 4. If a woman brings an action for separation from bed and board, or only for separation of property from her husband, and has reason to believe that he will ruin her dowry property or waste the fruits or income she produces during the trial in progress.

5. If a person has applied for a stay of proceedings and a meeting of its creditors and those creditors are concerned that the person may use such a stay to put some or all of its assets beyond their reach. 6. The creditor of a special hypothec has the power to seize the hypothecated property if he fears that it will be removed from the State before he can benefit from his hypothec and has sworn the facts that led to his arrest. 8.-Article 276. A plaintiff who wishes to obtain a receivership order in any of the above cases must attach an affidavit to the application in which he prays for such an order setting out the reason for making such an order, and must also fulfill his obligation in favour of the defendant for the amount determined by the court. with the guarantee of a good and solvent person who resides within the jurisdiction of the court and is liable for the damage that the defendant could suffer if such seizure had been obtained unjustly. 9.-Article 277. If security is provided to obtain the seizure of income-generating immovable property, the judge must require that it be paid in an amount sufficient to compensate the defendant not only for the damage he may suffer, but also for the withdrawal of that income during the duration of the action. Art. 10.-Article 278.

The applicant, when praying for the confiscation of the property of a defaulting person, is not required to provide such security, even if the property provides income. 11.-Article 279. A defendant against whom a warrant of receivership has been obtained may, except in case of default, cause it to be cancelled by fulfilling his obligation in favour of the sheriff of good and solvent security, whatever amount the judge determines is equal to the value of the property to be left in his possession. Art. 12.-Article 280. The security thus provided by the defendant, where the seized property consists of movable property or slaves, is responsible for ensuring that he does not remove it from the jurisdiction of the court; that he cannot abuse it; and that he will produce them faithfully after the final judgment if he is asked to return them to the plaintiff. 13.-Article 281. In the case of immovable property, this security right is provided in order to prevent the defendant from wasting the property during its possession and to ensure the faithful return of the fruits received since the claim or their value in the event of a claim.

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