Jugement Kantonsgericht (VD - ML/2019/63)

Canton:	VD
Case number:	ML/2019/63

Instance:	Kantonsgericht
Department:	Kammer für Strafverfolgung und Konkurs

Kantonsgericht Entscheid ML/2019/63 vom 17.04.2019 (VD)

Date:	17.04.2019
Force of law:	-

Summary:	Five-sentence summary: The Federal Court confirms the decision of the District Court of Nyon, according to which the attachment of 5050 francs for the debtor B.________ is canceled. B._______ had objected to the attachment because he denies the claim. The district court considered that the attachment can be lifted for the time being, since the claim is not clearly substantiated. The Federal Court shares this opinion and holds that B.________ has the opportunity to dispute the claim in an ordinary procedure. B.________ can now reclaim the amount of attachment until the final conclusion of the ordinary proceedings. More detailed summary: On 26 March 2019, the Cour des poursuites et faillites (Cour des faillites) issued a decision confirming the decision of the Nyon District Court of 2 November 2018. The district court had revoked the attachment of 5050 francs for the debtor B.________. B._______ had objected to the attachment because he denies the claim. The Federal Court shares the opinion of the district court that the attachment can be temporarily lifted, since the claim is not clearly substantiated. B.________ has the opportunity to dispute the claim in an ordinary procedure. Until the final completion of this procedure, B.________ can recover the amount of attachment. Justification: In its decision, the Federal Supreme Court states that the attachment of CHF 5,050 is not clearly justified. The creditor's claim is not substantiated by a final judgment or an enforceable settlement. B.________ denies the claim, and it is possible that he can successfully deny it in the ordinary proceedings. Therefore, the Federal Court upheld the decision of the district court. The attachment of CHF 5,050 is provisionally cancelled, and B.________ may recover the amount of the attachment until the ordinary proceedings have been finally concluded.
Rule of Law:	Art. 100 LTF;Art. 321 CPC;Art. 56 CPC;Art. 74 LTF;
BGE reference::	-
Comment:	-

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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