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SAISIE (L sues B for sums + % due under the bond (Obtains Jdg with '…
SAISIE
L sues B for sums + % due under the bond
Obtains Jdg with
'power to levy execution against Bs
real property
'
PVO
. B still owns pty but loses right to enjoy it
B notified of Jdg and PVO. L may evict B and power to let/repair pty
L asks Com for date to est L account concerning the Jdg (inc %, receipts & costs)
L notifies B to appear before Com to review account. L prepares account for Coms & and any dispute determined by the Coms
at hearing Coms review account and state what consider to be owing
L actions B to appear before ct (at
En Plaids d'Heritage
- sits once per month) to pay sum in Coms report, and notifies in default of payment
IVO
:will be made
If at hearing B fails to pay, IVO made, B looses pty and L becomes T'ee of Bs real property for all creditors who register claims. Duty of L to let, repair, evict B & insure pty (L creditor can recover these costs)
B notified IVO
1 more item...
Following grant IVO principal creditor must act in interests of all Cs, can let pty and collect rent (put in separate account until FVO), terminate leases (with permission of Ct), sue for unpaid rent,
Commence eviction proceedings at same time to ensure left by end of saisie
No eqv Class F charge for wife who non-owner : Stay of eviction max 6 months for occupier
B can still sell pty at this stage and use proceeds to repay debts secured on pty
Saisie Procedure (Simplification)(Bailiwick) Order 1952