{"id":21367,"date":"2018-08-31T10:02:50","date_gmt":"2018-08-31T10:02:50","guid":{"rendered":"https:\/\/legalblog.ie\/sequestration\/"},"modified":"2023-06-17T13:17:54","modified_gmt":"2023-06-17T13:17:54","slug":"sequestration","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/sequestration\/","title":{"rendered":"Sequestration"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/sequestration\/#General\" title=\"General\">General<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/sequestration\/#Order_for_Sequestration\" title=\"Order for Sequestration\">Order for Sequestration<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"General\"><\/span>General<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Sequestration is in the nature of contempt.\u00a0 It is not applicable to criminal cases. It is a form of civil execution, exclusively. Sequestration is particularly appropriate against corporate defendants. It may issue for breach of a negative or positive obligation under a judgment. It requires prior service on the party who is subject to the judgement or order. It is founded on disobedience of the order. Where a party wilfully disobeys the judgment or order and leaves the jurisdiction, the court may dispense with personal service.<\/p>\n<p>Sequestration is an enforcement process available against the property of a person who is in contempt of court, by having disobeyed an existing court order. \u00a0When assets are sequestered, they remain in possession of the sequestrator until the court orders what will be done with them. In the case of a bank balance, it may be ordered to be paid into court. The property or assets must be those of the defendant. Certain types of assets cannot be seised in this way.<\/p>\n<p>Sequestration requires an application to the court and a court order. Sequestration continues until the person in default clears his contempt and the court orders release of the assets. A sequester may then apply to the court for discharge.<\/p>\n<p>Unlike the methods of enforcement against assets, mentioned in others chapters, the process the primary purpose of seizing the asset is to compel obedience of the court order. The order does not convert the assets concerned into the creditor\u2019s ownership. Nonetheless, the court may authorise payment to the creditor of the sequestered assets or it may order the sequestered property to be sold.<\/p>\n<p>The sequester is an officer of the court and owes duties to the court. He is deemed to act on the instructions of the creditor who may, therefore, be liable for his acts to a third party who suffers injury.The sequester will have to give security by entering a bond. He must render accounts of his receipts and payments.<\/p>\n<p>Sequestration may be used in respect of money judgments, where the money is to be paid within a certain time limit or is to be paid into court. It is not available under an ordinary judgment to pay a debt.\u00a0 It is also available to enforce orders for recovery of an asset, other than land and money.<\/p>\n<p>Sequestration arises on willful disobedience of a court order. It is generally available where an order is made that something be done within a particular time. The order carries a penal endorsement providing that if its terms not complied with, the person to whom the order is directed will be subject to sanction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Order_for_Sequestration\"><\/span>Order for Sequestration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Generally, the original order which requires that act to be done within a time limit must be served personally on the defendant.\u00a0 However, leave may be obtained to proceed with sequestration if it can be shown the defendant is aware of the order and is evading service.<\/p>\n<p>An order for sequestration may be issued out of the court offices without leave\/court order in most cases. Leave to issue is required to enforce against the company which is willfully disobeying an order.\u00a0 The order for sequestration may be made against the corporate assets or against the property of directors or officers.<\/p>\n<p>Under the Superior Court Rules, an application is made to the Master to approve the proposed sequestrator.\u00a0 An order is made providing for their obligations to account and provide security.\u00a0 A certificate must issue from the Master approving the terms.<\/p>\n<p>The order for sequestration allows a sequestrator to enter a property for the purpose of receiving rents of the property and taking possession of goods.\u00a0 This may include monies, bank balances, goods, chattels, rents and profits of real estate and of personal movable property.<\/p>\n<p>Sequestration is not available against assets which are held on trust by the defendant, or are subject to a security interest in favour of other parties or are inalienable by statute or public policy.<\/p>\n<p>The order binds the assets concerned from its time issue.\u00a0 The order does not constitute a charge or give the creditor any interest in the asset concerned.<\/p>\n<p>A sequestrator owes duties to the court. He has common law duties of care to the person against whom the order is made.\u00a0 The rules and principles in respect of court-appointed receivers apply to sequestrators.<\/p>\n<p>Upon the person in default purging his in contempt, the sequestration may complete. The person affected may apply to the court for discharge of the sequestration and a direction that sequestrators cease possession and pass final accounts. Monies or assets held net of sequestrators costs and expenses are repaid to the person concerned.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-21367\" data-postid=\"21367\" class=\"themify_builder_content themify_builder_content-21367 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>General Sequestration is in the nature of contempt.\u00a0 It is not applicable to criminal cases. It is a form of civil execution, exclusively. Sequestration is particularly appropriate against corporate defendants. It may issue for breach of a negative or positive obligation under a judgment. It requires prior service on the party who is subject to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[326],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21367"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21367"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21367\/revisions"}],"predecessor-version":[{"id":21416,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21367\/revisions\/21416"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21367"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21367"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21367"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}