| Canton: | VD |
| Case number: | ML/2020/115 |
| Instance: | Kantonsgericht |
| Department: | Kammer für Strafverfolgung und Konkurs |
| Date: | 27.05.2020 |
| Force of law: | - |
| Summary: | The High Court of the Canton of Vaud has dismissed Mr X's appeal against a decision of the Justice of the Peace of the District of Lausanne. The decision of the Justice of the Peace, who had dismissed Mr. X's complaint against an attachment, is therefore final. Mr. X must therefore accept the attachment and settle the creditor's claims. The creditor can now enforce the attachment by using the seized assets. Mr. X has the opportunity to pay the creditor and cancel the attachment. Detail: In a judgment delivered on 27 May 2020, the High Court of the Canton of Vaud dismissed Mr X's appeal against a decision of the Justice of the Peace of the District of Lausanne. The decision of the Justice of the Peace, who had dismissed Mr. X's complaint against an attachment, is therefore final. Mr. X must therefore accept the attachment and settle the creditor's claims. The creditor can now enforce the attachment by using the seized assets. Mr. X has the opportunity to pay the creditor and cancel the attachment. Explaination: The Supreme Court is the highest instance in civil and commercial matters in Switzerland. A justice of the peace is a judge who decides in civil cases at first instance. An attachment is a measure by which a creditor receives his money from a debtor. The execution of an attachment is the execution of the attachment by the creditor. I hope this summary is helpful. |
| Rule of Law: | Art. 100 LTF;Art. 142 CPC;Art. 321 CPC;Art. 326 CPC;Art. 56 CPC;Art. 74 LTF;Art. 82 LP; |
| 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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