Seizure in the hands of a third person

One of your creditors may, to obtain the amount you owe, ask a bailiff to seize some of your property in the possession of a third person. This is known as seizure in the hands of a third person.

For example, this creditor (known as the seizing creditor) may apply to seize part of your income in the hands of your employer. The creditor may also seize:

  • any of your savings or investments held by by a financial institution;
  • any amount owed to you by another person;
  • any shares you hold in a company.

Notice of execution

After receiving a request for seizure from your creditor, the bailiff produces a notice of execution, which specifies the obligations of the garnishee (the person holding your property). The notice of execution must be served on the garnishee.

The notice is also filed at the court office and must be notified to you and to the seizing creditor. The garnishee must file a declaration.

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