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ARTICLE · 18 APRIL 2024

Snapshot: Enforcement Against Real Property In Guernsey - Saisie

Saisie (meaning "to seize") is a court-driven, Guernsey customary law process, governed by the Saisie Procedure (Simplification) (Bailiwick) Order, 1952. It is a three-stage...

GuernseyLitigation, Mediation & Arbitration

Saisie (meaning "to seize") is a court-driven, Guernsey customary law process, governed by the Saisie Procedure (Simplification) (Bailiwick) Order, 1952. It is a three-stage, post-judgment process which enables a creditor to enforce their rights against the debtor's realty in Guernsey.

Creditors who utilise the saisie process can only recover debts by enforcement exclusively against realty. There is no further remedy against the debtor, meaning the right to enforce against the debtor's personalty is lost. If the value of real property is not sufficient to satisfy the debt, then a creditor is best advised to proceed against the debtor's personalty first by way of désastre proceedings

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