Jugement Kantonsgericht (VD - HC/2020/179)

Canton:	VD
Case number:	HC/2020/179

Instance:	Kantonsgericht
Department:	Chambre des recours civile

Kantonsgericht Entscheid HC/2020/179 vom 06.03.2020 (VD)

Date:	06.03.2020
Force of law:	-

Summary:	The Cantonal Court has annulled the decision of a justice of the peace who had ordered the compulsory execution of a judgment against a debtor. The debtor had acknowledged the judgment, but justified the execution by the fact that he did not have the amount owed. The Cantonal Court has decided that the enforcement must be suspended for the time being until the debtor has explained his financial circumstances. The court has set the debtor a period of two months to explain his financial situation. After the expiry of this period, the Cantonal Court will decide whether the foreclosure can be resumed. More detailed summary: The debtor A.O. had been sentenced to pay CHF 10,000 to the creditor M.________ by the judgment of a justice of the peace dated February 24, 2020. A.O. had acknowledged the judgment, but justified the execution by the fact that he did not have the amount owed. The justice of the peace had nevertheless ordered the execution. A.O. subsequently filed an appeal with the Cantonal Court. The Cantonal Court approved the appeal and annulled the decision of the justice of the Peace. The court has decided that the execution must be suspended for the time being, until A.O. has set out his financial circumstances. The court has set A period of two months for A.O. to explain his financial situation. After the expiry of this period, the Cantonal Court will decide whether the foreclosure can be resumed. Explaination: The Cantonal Court has approved A.O.'s appeal because it considers that the enforcement must be suspended for the time being. The court justified this by the fact that A.O. has not yet proved that he cannot raise the amount owed. The court has set A period of two months for A.O. to explain his financial situation. After the expiration of this period, the court will decide whether the foreclosure can be resumed.
Rule of Law:	Art. 100 LTF;Art. 21 LP;Art. 309 CPC;Art. 319 CPC;Art. 321 CPC;Art. 322 CPC;Art. 326 CPC;Art. 341 CPC;Art. 97 LTF;
BGE reference::	-
Comment:	Spühler, Schweizer, Basler Kommentar Schweizerische Zivilprozessordnung ZPO, Art. 319 ZPO, 2017 Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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