Provisional seizure and provisional disposition are actions in which the plaintiff has taken a position of temporary ownership against a third party. A person exercising an enterprise mortgage or general statutory lien may also exercise a provisional disposition. The merits of the action will be decided by a court of first instance or the court of second instance.
Objections to provisional seizure provisional disposition
A provisional seizure is an order issued by the court to stop the third party from providing performance of the claim. Unlike a regular seizure, a provisional seizure can only be issued in certain circumstances. These circumstances include when compulsory execution is unlikely, a time limit is involved, or when the claim is subject to a condition. Also, a provisional seizure can be issued only for specific property. However, it may apply to movables as well.
The court may grant an order to confiscate the vessel if it possesses a document that proves that it is the nationality of the vessel. These documents are called the “certificate of nationality” and “other necessary documents”. During the execution of the provisional remedy, the court execution officer confiscates these documents and submits them to the court that issued the provisional remedy.
Procedures for exercise of a general statutory lien or exercise of an enterprise mortgage
If you have an unrecorded contract for the sale of your property and a general statutory lien exists on the property, you should be aware of the procedures that must be followed in order to enforce the lien. The general statutory lien is a lien that encompasses the property and rights of a taxpayer and secures payment of any tax liability. This lien is available for many different types of property, including real property and business property.
Legal basis for provisional dispositions
A court may grant a petition for release of seized property if a person complies with certain requirements. Such requirements include that the seized property is not evidence of a violation of the law and that its design does not lend itself to criminal activity. If the person is willing to surrender their property for release, he or she must do so within fifteen days. A petition for release can be filed with the court where a complaint or indictment has been filed or where a seizure warrant was issued.