Glossary entry

French term or phrase:

valant saisie

English translation:

notice operating as a writ of attachment (US: judg(e)ment lien UK: charging order)

Added to glossary by Adrian MM.
Apr 15, 2020 20:01
4 yrs ago
57 viewers *
French term

valant saisie

French to English Bus/Financial Automotive / Cars & Trucks
This is one item in a list of services related to vehicle registration:

Information déclaration valant saisie
Change log

May 9, 2020 19:51: Adrian MM. Created KOG entry

Discussion

Eliza Hall Apr 18, 2020:
What AllegroTrans said We need more context. I also agree with AllegroTrans that this probably is a service for vehicle lien searches (possible translation: "Information on vehicle title liens," or "Information on title liens" if vehicles aren't the only property at issue), but we can't be sure without a bit more context.
AllegroTrans Apr 18, 2020:
Too little info here It occurs to me that this might perhaps be a service making searches for liens on vehicles (e.g. hire purchase default) but without knowing who is providing the service we are really guessing. I would ask your client for further information.
tatyana000 (asker) Apr 18, 2020:
@ Eliza Hall Unfortunately, I don't have any further info. There is no description of the actual service. My guess was that the request for information would precede the used car purchase. Maybe something like a vehicle history check but for liens against the car. But it's only a guess
Eliza Hall Apr 17, 2020:
@ Justin Lewis You suggested "writ of attachment," and that's right if the original FR is talking about the actual court order declaring that someone's car has to be forfeited in order to satisfy a debt: a writ of attachment is "a court order directing a sheriff (or other law enforcement officer) to seize property of a defendant which would satisfy a judgment against that defendant." https://legal-dictionary.thefreedictionary.com/writ of attac...

If the original FR is talking about the record of that court order that shows up on their car's title, "lien" is the best word.

Those aren't synonymous with a "notice of seizure," which is the notice that your car actually has been seized. Parties who issue "notices of seizure" include anyone who has the legal right to repossess cars -- so a car repo company has to provide to a car's nominal owner in order to inform them that the reason their car has disappeared is that XYZ repo company took it to satisfy a debt (https://minneapoliscrimdefenselawyer.com/understanding-vehic... or the state has to provide it to the owner to explain why the state took the car: https://minneapoliscrimdefenselawyer.com/understanding-vehic...
Eliza Hall Apr 17, 2020:
More info? Who is providing these services? A "déclaration valant saisie" is normally a legal notice of some kind (e.g. issued by a tribunal) that the car no longer belongs to the person whose name is on the title/who possesses it.

But your whole term is "Information déclaration valant saisie," which makes me think perhaps the service being provided is something like this: a person tries to register the used car they just bought; they're unable to because there's a déclaration valant saisie on the record for the car; they therefore turn to this service provider to find out more information about who seized legal title to the car.

Is that what they're doing?

Proposed translations

2 days 18 hrs
French term (edited): déclaration valant saisie
Selected

notice operating as a writ of attachment (US: judg(e)ment lien UK: charging order)

On the strength of the Discussion Entries and AT's criticism of a 'charging oder' being Anglocentric, I've restated Justin L's 'writ of attachment' as a generic or 'country-neutral' label (usable Transatlantically albeit with a 'valant' stumbling block), plus two jurisdictionally contrasting - the USA vs. the UK - alternatives.

Charging order in the UK is like a court-ordered mortgage e.g. to enforce a US-type judgment lien.

BTW, the process in the UK where the motorist can still drive e.g. a car impounded (Scots law: poinded) by a judgment or execution creditor is called 'walking' not 'driving' possession, routinely used by the UK HMRC - Revenue & Customs, but not always.

UK charging orders can be taken over company shares, houses or *motor vehicles*.
Example sentence:

www.nolo.com/legal-encyclopedia/what-is-judgment-lien.html A judgment lien is a type of nonconsensual lien (a lien that attaches to your property without your agreement). It's created when someone wins a lawsuit

La saisie déclaration. La saisie immobilisation. Dans les 8 jours qui suivent, le débiteur reçoit une copie de la déclaration valant saisie

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4 KudoZ points awarded for this answer. Comment: "Thank you!"
41 mins
French term (edited): déclaration valant saisie

effectively seized

Hello
It's a déclaration valant saisie (see reference) and I think it means that the vehicle is effectively seized even if the owner can still drive it
Peer comment(s):

agree Tomasso : d'accord, " déclaration valant saisie" title lien, lien held, can not sell car , second type "saisie par immobilisation" impound, capture,
5 hrs
Thanks
disagree Eliza Hall : This isn't the term we would use in EN for this.*Added*: if google hits = good translation, we'd be out of a job; it could all be done by machines.
2 days 20 hrs
Googled "effectively seized" and got 25,800 hits !!! *Added* Google hits is NOT MT. You have confused it with Google Translate (MT).
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-1
6 hrs
French term (edited): déclaration valant saisie

notice of seizure

Synonyms include 'writ of seizure', 'writ of attachment', 'notice of attachment'. They all mean the lender has a right to seize the property (car) or its equivalent value from the debtor for lack of payment. They are formal documents issued by a magistrate or judge, or a tax authority - in this case, relevant to instances of repossession of automobiles with liens against them.
Example sentence:

Dans les 8 jours qui suivent le dépôt de cette déclaration, le débiteur reçoit une copie de cette déclaration valant saisie. Le document doit indiquer, en caractères très apparents, que les contestations doivent être portées devant le juge de l'

Peer comment(s):

disagree Eliza Hall : But "writ of attachment" is right. In the context of a car (which is usually what this is about in FR), a "notice of seizure" is tells you that your car was seized & by whom. See discussion.
1 day 17 hrs
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-3
6 hrs

worth seizing

Peer comment(s):

disagree Tony M : Simplistically literal and not at all relevant in the context of this document.
6 hrs
disagree erwan-l : Literal & wrong.
1 day 1 hr
disagree AllegroTrans : You have totally misunderstood what is going on here
2 days 10 hrs
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