Revised Laws of Saint Lucia (2021)

Section III   Execution in personal actions

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   422.   Judgments for the payment of a sum of money cannot be executed before the expiration of 8 days from their date.

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   Nevertheless upon an application of the plaintiff accompanied by an affidavit establishing circumstances under which simple attachment might issue before judgment, the Judge may allow execution to issue before the expiration of 8 days, but the sale cannot take place any sooner than if the writ of execution had issued after the ordinary delay.

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   423.   In all suits accompanied with attachment, either in the hands of the defendant or of third persons, in which the defendant has only been summoned by advertisements in the Gazette, a judgment rendered by default cannot be exercised within a year, unless the plaintiff, in the presence of and to the satisfaction of the Judge, gives good and sufficient sureties to refund the monies levied, in the event of the judgment being reversed upon revision, together with the costs of such revision.

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   But execution may issue, as in ordinary cases, after the expiration of 8 days from the service in Saint Lucia of a copy of the judgment upon the defendant or his or her duly appointed attorney.

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   424.   A creditor may cause to be seized in execution the movable or immovable property of his or her debtor, in the possession of such debtor, or movables of his or her in the possession either of such creditor himself or herself or of third persons, if the latter do not object; if they do, the creditor must adopt, a seizure by garnishment. But the movables must be first sold in every case, except the execution creditor consent to the sale of his or her immovables in the first place, or if the Judge order otherwise upon cause shown.

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   425.   A creditor may exercise at the same time the different means of execution which the law allows him or her. He may cause the movable property and the immovables to be seized under the same writ, except in the case of judgments in hypothecary actions.

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   426.   Seizure of movables in execution takes place under a writ addressed to the Sheriff, ordering him or her to levy the amount of the debt, interest, if any is due, and the costs, both of the suit and of the execution, and such writ is made returnable on a day certain within 6 weeks from the day it bears date.

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   If the creditor has received any part of his or her judgment claim, he or she is bound to make mention of it on the back of the writ of execution.

§ 1. Of Seizure of Movables

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   427.

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   (1)   The debtor may select and keep from seizure—

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      1.     the bed, bedding, and bedsteads in use by him or her and his or her family;

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      2.     the ordinary and necessary wearing apparel of himself or herself and his or her family;

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      3.     once set of cooking utensils, one table, 3 chairs, 3 knives, 3 forks, 3 spoons, 3 plates, 3 teacups, 3 saucers, and one cutlass;

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      4.     fuel and food, not more than sufficient for 30 days, and not exceeding in value $9.60;

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      5.     tools and implements or other chattels ordinarily used in his or her trade to the value of $9.60.

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      Nevertheless, the things and effects mentioned in paragraphs 4 and 5 are not exempt from seizure and sale when the suit is to recover the price of their purchase, or they have been given in pawn.

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   (2)   No tenant shall be entitled to claim exemption from seizure and sale of the effects and things enumerated in paragraph (1) of this article if such seizure shall be effected at the instance of any landlord and for the recovery of rent in respect of the house, room or tenement in which such effects and things shall have been seized or taken in execution; but the tenant shall be entitled to select and keep from seizure the following effects only, namely—

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      1.     the ordinary and necessary wearing apparel of the tenant and his or her family;

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      2.     tools and implements ordinarily used by the tenant in his or her trade, business, or occupation, and not exceeding in value the sum of $9.60;

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      3.     fuel and food sufficient for the tenant and his or her family for at least 48 hours.

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   428.   The following are also exempt from seizure:

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      1.     consecrated vessels and things used for religious worship;

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      2.     alimentary allowances granted by a Court;

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      3.     sums of money or objects given or bequeathed upon the condition of their being exempt from seizure;

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      4.     sums of money or pensions given as aliment, event though the donor or testator has not expressly declared that they should be exempt from seizure;

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      5.     wages and salaries not yet due;

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           Alimentary allowances and things given as aliment may however be seized and sold for alimentary debts;

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      6.     salaries of public officers and pay of all persons in Government employ.

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   429.   The seizure of movables is established by an inventory made by the Sheriff.

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   430.   The inventory must contain:

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      1.     mention of the writ of execution, its date, and its purport;

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      2.     a description of the things seized, their number, weight and measure according to their nature, and in the case of vessels as required by the laws respecting them;

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      3.     the appointment of a guardian, or the name of the depositary furnished by the debtor;

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      4.     the signature of the guardian or depositary, and of the witnesses, in the case of article 439, or mention that they cannot sign, and the signature of the seizing officer;

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      5.     mention of the day on which the seizure is made, and whether it was made before or after noon.

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   The Sheriff or officer making the seizure is bound to accept a solvent depositary offered by the debtor, and in such case he or she is not answerable for the acts of the depositary, if he or she proves that when he or she accepted him or her such depositary was solvent to the amount of the property entrusted to his or her care.

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   The Sheriff cannot take his or her relations or connections, to the degree of cousins-german, as guardians or depositaries of the things seized. Nor can he or she take as such the judgment debtor nor his or her wife or children, on pain of being liable for all costs and damages.

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   Brothers, uncles or nephews of the judgment debtor may be appointed guardians, if they consent to be so.

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   The debtor must also be called upon to sign the inventory, and his or her refusal or inability to do so must be stated.

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   431.   There must be 2 copies of the inventory, one of which must be given to the guardian or depositary and another to the debtor, and each copy must be signed by all those whose signatures are required by the preceding article.

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   432.   The guardian or depositary has a right, at the time of his or her appointment, to remove the property in order to keep it in charge, and to place guards, if necessary, in the place where it is.

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   If the seizing officer cannot find a responsible guardian or depositary, he or she may, after serving the inventory upon the debtor, have the things taken away and removed to a place of safety, until he or she finds such guardian or depositary.

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   If the person appointed guardian or depositary becomes, while the seizure lasts or is suspended, insufficient to be responsible for the property seized, the Judge may, upon the application of a creditor, authorise the appointment of another person sufficiently solvent or reliable, and may order that the property seized be placed under his or her care, or in his or her possession by the Sheriff, after a verification and inventory.

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   433.   The Sheriff upon an order from the Judge, granted for cause shown, upon application in writing by a creditor, may have effects seized in the country parts removed to the nearest town, or some other place specified, in order that he or she may there sell them. When sugars are seized the Court or Judge may order the Sheriff or sequestrator to send them to England for sale, insurance being effected.

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   434.   Money, bank bills, bills of exchange, promissory notes, cheques, debentures, bonds, obligations, mortgages, titles of debts, account books, guarantees for money, shares in banks, or other commercial or industrial associations, and all documents of commercial value may be seized and sold like other movable belonging to the debtor.

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   The purchaser may sue in his or her own name for the recovery of any sum payable to the judgment debtor. The warranty of the Sheriff is limited to the sum for which the thing was sold.

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   Upon the application of any creditor made before the sale, the Sheriff may be ordered to sue in his or her said quality upon any claim of the judgment debtor in virtue of any movable seized when the same is recoverable, security being given by the creditor to the satisfaction of the Judge that he or she will pay all costs and charges which may be incurred in the prosecution of the action.

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   435.   If current money is seized, mention of its kind and quantity must be made in the inventory, and the Sheriff must return it with the other monies levied.

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   436.   The seizure of shares in any financial, commercial or industrial company or association, duly incorporated, is made by serving such company with a copy of the writ of execution, together with a notice that all the shares held by the defendant in such company are placed under execution. A similar notice is served upon the debtor.

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   437.   If there be more than one place at which the com-made elsewhere than at the place where the transfer of shares and the payment of dividends may be validly made, has no effect against subsequent purchasers until a sufficient time has elapsed to allow notice of the service to be transmitted from the place where it was made to the place where transfers of shares should be entered; and the company is bound to effect such transmission.

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   The seizure of such shares includes all benefits and profits attached to them.

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   438.   The Sheriff has a right to demand from the party seizing whatever sums of money may be necessary for the safekeeping of the property seized, according to the provisions contained in articles 687 and 688.

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   439.   If the debtor is absent, or if there is no person to open the doors, cupboards, trunks, or other closed places, or if he or she refuses to open them, the seizing officer must draw up a minute of the fact, and thereupon the Judge may order the opening to be effected by all necessary means, in the presence of 2 witnesses and with such force as may be required, without prejudice to imprisonment in case of refusal, violence or other physical impediment.

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   440.   If the debtor has no domicile in Saint Lucia, a copy of the inventory of seizure is left for him or her at the office of the Registrar.

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   441.   Immediate notice must be given to the debtor, and to the guardian or depositary, of the place and time at which the movables will be offered for sale.

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   442.   The sale of movables seized is advertised by a notice in the Gazette, stating summarily the names of the parties, the nature of the effects and the time and place of sale; and a duplicate of such notice must be posted in the Sheriff's office from time to time of such advertisement until the day of the sale, which cannot take place until after the expiration of 8 days from the day of the first publication.

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   443.   Seizures in execution can only be made between the hours of 6:00a.m. and 6:00p.m., except in cases of fraudulent removal, and may if necessary be continued on following days for affixing seals or placing guards.

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   444.   Seizures cannot be made on Sundays or holidays, except in cases of fraudulent removals.

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   445.   If the property has been attached before judgment, it is not necessary to proceed to a verification, but it is sufficient to give a notice to the debtor and guardian or depositary of the place and time of sale, as prescribed in article 441, and to give the notice required by article 442.

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   446.   A creditor who has made a seizure of the effects of his or her debtor cannot obtain a second writ of execution, unless the previous writ has been returned or accounted for.

§ 2. Oppositions to the Seizure of Movables

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   447.   A seizure of movables in execution may be contested by opposition, either by the debtor himself or herself, or by third parties.

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   448.   The debtor may demand that the seizure of movables in execution be annulled:

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      1.     on the ground of informalities in the seizure, or of the exemption of some of the articles seized, under articles 427 and 428;

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      2.     on the ground of the extinction of the debt;

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      3.     for any reason of a nature to affect the judgment sought to be executed.

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   If a part only of the debt is extinguished, the opposition has the effect of preventing the sale for more than is due.

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   449.   The owner of a thing seized may oppose the sale of it.

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   450.   Neither the part owner, the pledger, nor the lessor can oppose the seizure and sale of the movables subject to his or her claim, and he or she can only exercise his or her privilege upon the proceeds of the sale.

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   451.   Oppositions to the seizure and sale of movables must be accompanied with an affidavit that the allegations contained in them are true, and that they are not made with the intent of unjustly retarding the sale, but with the sole view of obtaining justice. They stay proceedings when the Judge gives an order to that effect.

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   452.   Oppositions are served upon the Sheriff by leaving with him or her the original thereof, which he or she is bound to return into Court without delay.

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   453.   After the return of the opposition, the opposant moves that the other parties to the suit declare whether they intend to admit or to contest it, and in default of such declaration the opposant has a right to be relieved from the seizure, with costs against the judgment debtor, unless the Court otherwise orders.

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   454.   If the other parties, or any of them, declare that they intend to contest the opposition, the contestation is subject to the rules which apply in ordinary suits.

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   455.   If it be alleged in the opposition that the seizing creditor has seized the things, the sale of which is opposed, knowing that they did not belong to the judgment debtor, or that he or she knew that the articles seized were exempt from seizure, he or she may be condemned to pay the costs of the opposition if maintained.

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   456.   If on the hearing of an opposition errors of form are proved to exist in the levy or advertisements, the Court maintains the proceedings previous to the error, and if necessary extends the date of the return of the writ.

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   457.   The rules concerning peremption of suits apply equally to oppositions.

§ 3. The Sale of Movables under Execution

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   458.   If there is nothing to prevent the sale of the movables seized, it takes place at the time and place mentioned in the notice.

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   If the sale has been delayed by any obstacle, subsequently removed, or if there were no bidders, new notices or publications must be given, but the sale cannot take place after the day fixed for the return of the writ, except in virtue of a judgment of the Court or order of the Judge.

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   459.   The guardian or depositary is bound, at the time fixed for sale, to produce all the effects seized, which were placed in his or her charge.

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   460.   The officer conducting the sale must make minutes thereof, specifying each article put up for sale, the name and residence of each purchaser, and the price of each purchase.

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   461.   The things seized are adjudged to the last and highest bidder, subject to immediate payment of the price, and in default of such payment the thing adjudged is immediately put up again. But payment of the purchase-money of a ship can only be made upon a receivable order. If the purchaser fail to pay within 3 days after the sale, the ship is re-sold at his or her cost and charges, and he or she may be condemned to pay damages for his or her default.

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   462.   The officer conducting the sale cannot, either directly or indirectly, receive anything beyond the price of the adjudication, under paid of being liable for extortion.

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   463.   The guardian or depositary has a right to a discharge or receipt for the effects which he or she produces, and the minutes of sale must make mention of any effects which have not been produced.

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   464.   The guardian or depositary may be condemned, even on pain of imprisonment, to produce the property he or she took in charge or pay the amount due to the seizing creditor. He or she may, however, upon establishing the value of the effects which he or she fails to produce, be discharged upon payment of such value.

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   465.   The adjudication of movable property under execution transfers, by law, the ownership of the things thus adjudged.

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   In the case of seizures of shares in any financial, commercial, or industrial company or association, duly incorporated, the Sheriff is bound, within 10 days after the sale, to serve such company or association, in the manner mentioned in article 437, with a certified copy of the writ of execution, endorsing thereon a certificate designating the person to whom he or she adjudged the shares seized, and such purchaser thereupon becomes a shareholder in the company, and has all the rights and obligations of one, and may require an entry to be made to that effect, in the manner prescribed by law, by the officer appointed for that purpose by the company.

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   466.   No demand for annulling a sale of movables under execution can be received against a purchaser who has paid the price, except in the case of fraud or collusion, and without prejudice to the recourse of the party aggrieved against the seizing creditor and those acting in his or her behalf.

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   467.   Immediately after the sale, the costs thereof, including the pay of the appointed guardian, must be taxed by the Judge or by the Registrar, subject in the latter case to revision, if required.

§ 4. The Payment and Distribution of the Monies Levied

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   468.   The amount levied is returned into Court by the Sheriff, to await the judgment.

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   469.   When the monies are returned into Court, as well as in all other cases where monies of which an account has been rendered into Court or monies other than the proceeds of immovables are to be distributed, the distribution of the monies is made among all the creditors according to their rank, and rateably among those of the same rank. Before distribution the creditors are notified by the Registrar to file their claims within 8 days after the first publication of the notice in the Gazette.

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   470.   The claims may be made out in a summary manner, and it is sufficient to state the names, occupation, and residence of the claimant, and the nature and amount of his or her claim.

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   They must be accompanied by vouchers, if there are any. They are filed in the Registrar's office.

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   471.   Different parties, having the same grounds, may join together and file a claim.

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   472.   The monies, if the proceeds of vessels, are distributed according to the law of England and, in other cases, according to the order prescribed in the Book respecting Privileges and Hypothecs in the Civil Code, and in the provisions hereinafter contained.

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   473.   The following order is observed as regards ranking of judicial costs:

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      1.     costs of seizure and of sale;

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      2.     the percentage payable to the Crown upon monies levied or paid into Court;

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      3.     the fees of the officer receiving monies levied or paid in;

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      4.     the fees upon the report of distribution;

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      5.     the fees of the attorney-at-law prosecuting the distribution;

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      6.     costs, subsequent to judgment, incurred in order to effect the seizure and sale, and according to the priority of date or of privilege when there are several seizing creditors;

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   The costs of a prior seizing party have a preference over those of a subsequent one.

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   Nevertheless, if 2 or more writs of execution issue upon judgments rendered on the same day against the same debtor, the costs thereon are paid concurrently.

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      7.     cost of affixing seals, or of inventories, when ordered by the Court.

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   The plaintiff is paid his or her costs of suit taxed as in an uncontested case.

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   474.   The Crown has a preference over all other creditors upon the proceeds of executions against movable property which, under peculiar statutes, is subject to any duties or dues.

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   475.   The owner of a thing, who has lent, leased, or pledged it, and who has not prevented its sale, has a right to be paid the proceeds of its sale, after the claims mentioned in articles 1890 and 1891 in the Civil Code, and the privileged rights of the Crown mentioned in the preceding article, and the claim of the lessor have been ranked.

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   476.   The same rule applies to the owner of a thing which has been stolen, who would not have lost his or her right to revendicate it, had it not been judicially sold.

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   477.   Persons who have preserved the right of being ranked upon the price of the thing sold, by reason of a right of pledge or retention which they had upon such thing, rank according to the nature of the pledge or of their claim.

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   The following is the order amongst them:

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      Carriers;

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      Hotel-keepers;

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      Agents and consignees;

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      Borrowers, in loan for use;

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      Depositaries;

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      Pledgees;

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      Workmen, upon things repaired by them;

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   Purchasers, against whom the right of redemption is exercised, for the reimbursement of the price and the monies laid out upon the property.

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   478.   In the absence of any special privilege, the Crown has a preference over chirographic creditors for sums due to it by the defendant.