Sequestrate: The act of legally taking away something, typically property. It can also refer to the separation or isolation of a group of people, such as a jury or witness, during a trial. Historically, it was used to describe the punishment of excommunication in the church.
Sequestration can be defined as the act of seizing property through a writ of sequestration or the act of segregating or isolating a jury or witness during a trial. For instance, in Example 1, the court ordered the bank to seize the defendant’s assets until the case was resolved. In Example 2, the judge decided to isolate the jury during the high-profile trial to prevent any external influences. These examples demonstrate how sequestration is utilised in legal contexts to safeguard property or ensure a fair trial. Additionally, sequestration can also pertain to the process of excommunicating someone in ecclesiastical law.
Sequestration refers to the legal process of seizing and taking control of someone’s assets, typically to satisfy a debt or legal obligation.
A creditor or a court can initiate the sequestration process.
Almost any type of asset can be sequestrated, including bank accounts, real estate, vehicles, investments, and personal belongings.
Yes, a person’s wages can be sequestrated through a court order, typically known as a garnishment.
The duration of the sequestration process can vary depending on the complexity of the case and the jurisdiction. It can range from a few weeks to several months.
Yes, a person can challenge a sequestration order by presenting evidence to the court that the order was unjust or improperly obtained.
Sequestrated assets are typically sold or liquidated, and the proceeds are used to satisfy the debt or legal obligation.
No, once assets are sequestrated, the person no longer has control or access to them.
In some cases, sequestration can be reversed if the debt or legal obligation is satisfied or if the court determines that the sequestration was improper.
Yes, there are alternatives to sequestration, such as debt restructuring, negotiation, or filing for bankruptcy, depending on the individual’s circumstances.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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