Jugement Kantonsgericht (VD - ML/2020/116)

Canton:	VD
Case number:	ML/2020/116

Instance:	Kantonsgericht
Department:	Kammer für Strafverfolgung und Konkurs

Kantonsgericht Entscheid ML/2020/116 vom 25.05.2020 (VD)

Date:	25.05.2020
Force of law:	-

Summary:	The Zurich Court of Appeal has dismissed the appeal of B.________ against the decision of the District Court of Nyon. B._______ had objected to a seizure of his bank accounts, which had been dismissed by the Nyon District Court. The Court of Appeal has now ruled that the attachment is lawful. B.________ must therefore bear the costs of the procedure. The verdict is final. More detailed summary: On May 25, 2020, the Zurich Court of Appeal dismissed the appeal of B.________ against the decision of the Nyon District Court. B._______ had objected to a seizure of his bank accounts, which had been dismissed by the Nyon District Court. The Court of Appeal has now ruled that the attachment is lawful. B._______ had argued that the attachment was disproportionate, since he had already received a deferral of the debt from the bank. However, the Court of Appeal has ruled that the deferral does not preclude attachment. B.________ must therefore bear the costs of the procedure. The verdict is final. Explaination: Art. 321 al. 1 CPC:This article of the Swiss Code of Civil Procedure (CPC) regulates the appeal against decisions of the district Court. Vu le prononcé du 10 janvier 2020:This sentence refers to the decision of the Nyon District Court of 10 January 2020, against which B.________ had appealed. à la poursuite n°9’355’429 de l’Office des poursuites du district de Nyon exercée contre lui à l’occasion d’un crédit hypothécaire accordé par la Banque de X:This sentence describes the attachment against which B._______ had objected. The seizure was initiated by the Bank of X in connection with a mortgage loan against B.________. I hope this summary is helpful.
Rule of Law:	Art. 100 BGG;Art. 321 ZPO;Art. 56 ZPO;Art. 74 BGG;
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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