Page 87 - Demo
P. 87
86Interesting facts about enforcement of civil case judgmentIf I want to have a plot of land whose ownership/possession right is in the name of the defendant%u2019s husband, wife or spouse seized, can it be done?If the ownership/possession right over the land is in the name of the defendant%u2019s spouse, the creditor must conduct a preliminary examination to ascertain whether it is a marital property or not. If so (i.e. being a marital property)theenforcementofficerwillbeabletoseizeit.Insuchcase,thecreditormustsubmitthedocumentsspecifiedinQuestion1togetherwithamarriagedocumentwhichiscertifiedwithinonemonthbyaregistryofficer.Ifnot(i.e. not being a marital property but was otherwise acquired, therefore, being a private property) the request involves seizure of the property of a third party who is not the judgement debtor. The creditor is not able to requestforseizureofproperty(land)andtheenforcementofficerwillnotconduct a seizure. No.2QuestionAnswer

