Feb 4, 2005 08:48
19 yrs ago
1 viewer *
Dutch term
conservatoir beslag onder zichzelf op vorderingen van een ander
Dutch to English
Other
Law (general)
In een ontnemingsprocedure gaat de Staat conservatoir beslag onder zichzelf (i.e. het O.M.) leggen ter bewaring van een voorschot dat zij krachtens een onlangs gewezen vonnis zou moeten betalen aan een onderneming die verdacht wordt van criminele handelingen. e.e.a. ex art. 94(a) Sv.
Dit is een tussenstap in de gehele procedure. Gaat om een onderneming in de U.K.
Dit is een tussenstap in de gehele procedure. Gaat om een onderneming in de U.K.
Proposed translations
(English)
5 +1 | garnish | Marijke Mayer |
Proposed translations
+1
5 hrs
garnish
Declined
I would add a translator's note to indicate that this concerns the equivalent of garnish under Dutch law. There will always remain subtle legal differences that cannot be easily explained.
Van Dale N-E:
conservatoir (bijvoeglijk naamwoord)
¶ idioom
conservatoir beslag leggen op
attach, garnish(ee), seize, distrain
http://dictionary.law.com/default2.asp?selected=803&bold=|||...
v. to obtain a court order directing a party holding funds (such as a bank) or about to pay wages (such as an employer) to an alleged debtor to set that money aside until the court determines (decides) how much the debtor owes to the creditor. Garnishing funds is also a warning to the party holding the funds (garnishee) not to pay them, and to inform the court as to how much money is being held. If the garnishee (such as a bank or employer) should mistakenly give the money to the account owner or employee, the garnishee will be liable to pay the creditor what he/she/it has coming. Garnishing wages is a typical means used to collect late child support and alimony payments or money judgments. Often the order will be to pay installment payments to the sheriff until the debt is collected. Then the sheriff pays the whole amount or payments to the person to whom the money is owed.
See also: garnishee garnishment
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Note added at 6 hrs 4 mins (2005-02-04 14:52:23 GMT)
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The State of the Netherlands (c.q. the Public Prosecutor) will garnish in a confication procedure the advance payment that by virtue of a judge\'s order should legally be paid out to an enterprise suspected of criminal acts . . . .
I would leave out \"onder zichzelf op vorderingen van een ander\" as this will simplify the entire sentence. It may be obvious that criminal enterprises cannot collect what is due to them, however, a sentence to this effect should also be passed and in the meantime the State will hold the funds.
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Note added at 7 hrs 55 mins (2005-02-04 16:43:31 GMT)
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Has this answer been declined or not? I\'m unsure as it is still visible on my screen.
I merely want to add that \'onder zich\' means that the State is holding the funds until this company has either cleared his name or is convicted, in which case the funds will be dealt with accordingly. Either way, this has no bearing on the term \'garnish\' and I therefore leave the \'onder zich\' out.
As stated earlier, I welcome any suggestions of other translators and if these are not forthcoming then I would add a translator\'s note with your train of thought to get you out a potentially messy situation, or alternatively, as suggested, get in touch with the client.
Van Dale N-E:
conservatoir (bijvoeglijk naamwoord)
¶ idioom
conservatoir beslag leggen op
attach, garnish(ee), seize, distrain
http://dictionary.law.com/default2.asp?selected=803&bold=|||...
v. to obtain a court order directing a party holding funds (such as a bank) or about to pay wages (such as an employer) to an alleged debtor to set that money aside until the court determines (decides) how much the debtor owes to the creditor. Garnishing funds is also a warning to the party holding the funds (garnishee) not to pay them, and to inform the court as to how much money is being held. If the garnishee (such as a bank or employer) should mistakenly give the money to the account owner or employee, the garnishee will be liable to pay the creditor what he/she/it has coming. Garnishing wages is a typical means used to collect late child support and alimony payments or money judgments. Often the order will be to pay installment payments to the sheriff until the debt is collected. Then the sheriff pays the whole amount or payments to the person to whom the money is owed.
See also: garnishee garnishment
--------------------------------------------------
Note added at 6 hrs 4 mins (2005-02-04 14:52:23 GMT)
--------------------------------------------------
The State of the Netherlands (c.q. the Public Prosecutor) will garnish in a confication procedure the advance payment that by virtue of a judge\'s order should legally be paid out to an enterprise suspected of criminal acts . . . .
I would leave out \"onder zichzelf op vorderingen van een ander\" as this will simplify the entire sentence. It may be obvious that criminal enterprises cannot collect what is due to them, however, a sentence to this effect should also be passed and in the meantime the State will hold the funds.
--------------------------------------------------
Note added at 7 hrs 55 mins (2005-02-04 16:43:31 GMT)
--------------------------------------------------
Has this answer been declined or not? I\'m unsure as it is still visible on my screen.
I merely want to add that \'onder zich\' means that the State is holding the funds until this company has either cleared his name or is convicted, in which case the funds will be dealt with accordingly. Either way, this has no bearing on the term \'garnish\' and I therefore leave the \'onder zich\' out.
As stated earlier, I welcome any suggestions of other translators and if these are not forthcoming then I would add a translator\'s note with your train of thought to get you out a potentially messy situation, or alternatively, as suggested, get in touch with the client.
Peer comment(s):
agree |
Ariser
: attachment or garnishment, but asker is inquiring after the entire sentence: It seems the state would have to execute garnishment against itself for a claim due to the company suspected of criminal acts?
1 min
|
Thank you, Sir, I will go into more detail.
|
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neutral |
jarry (X)
: And Marijke would not be Marijke if she could not become personal instead of confining herself to the linguistic merit of the matter.
19 mins
|
Of course, Jarry would not be Jarry if he could not knock other people's suggestions. Judge's order is of course proper English, albeit used more frequently in the U.S., and so is c.q., which is Latin casu quo.
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Comment: "Thank you for your answer and notes. However, as Ariser observed, it's the entire sentence I'm inquiring about and 'op zichzelf' in particular. The basics and ins and outs of (pre-judgment) garnishments and attachments I am very well aware of, but this is a special case. "
Discussion