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Jugement Kantonsgericht (VD - ML/2020/107)


Canton:VD
Case number:ML/2020/107
Instance:Kantonsgericht
Department:Kammer für Strafverfolgung und Konkurs
Kantonsgericht Entscheid ML/2020/107 vom 15.05.2020 (VD)
Date:15.05.2020
Force of law:-
Summary:Caisse H.________ (plaintiff) obtained a writ of execution against the defendant. The defendant objected to the execution. The plaintiff requested the cancellation of the objection. The court agreed with the applicant and annulled the objection. The plaintiff can now pursue the enforcement of the title. More detailed summary: The plaintiff obtained a writ of execution against the defendant on August 23, 2019. The title referred to an amount of CHF 10000.-. The defendant filed an objection against the execution on August 27, 2019. On 30 August 2019, the applicant applied for the cancellation of the opposition. She argued that the title was valid and that the defendant did not dispute the claim. The court upheld the applicant on 15 May 2020. It lifted the objection and thus gave the plaintiff the opportunity to pursue the enforcement of the title. Legal consequence: The plaintiff can now pursue the enforcement of the title. She can do this, for example, by seizing assets of the defendant.
Rule of Law:Art. 100 LTF;Art. 321 CPC;Art. 5 PA;Art. 54 LP;Art. 74 LTF;Art. 80 LP;Art. 81 LP;Art. 82 LP;
BGE reference::-
Comment:
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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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