La protection implicite du tiers-saisi au regard de l’acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d’exécution

Abstract

The protection of third parties subject to garnishment is a major issue in the field of debt recovery and enforcement procedures. This article addresses the question of the implicit protection afforded to third parties, based on the Uniform Act on the Organization of Simplified Debt Recovery Procedures and Enforcement Measures. By analyzing the provisions of this Act, we highlight the protection mechanisms available to third parties subject to garnishment, who often face situations of uncertainty during seizures. Through an examination of the implications of these provisions, this article aims to articulate a more nuanced understanding of the legal and practical challenges posed by the interaction between the rights of creditors and those of third parties subject to garnishment. The objective is to contribute to a better understanding of the available protections and to assess their effectiveness within the framework of modern debt recovery procedures.