huissier de justice

Discussion in 'French-English Vocabulary / Vocabulaire Français-Anglais' started by dodorouge, Nov 17, 2006.

  1. dodorouge New Member

    Je cherche le terme exact utilise en anglais pour "huissier de justice" est ce que c'est lawyers ou attorney at law?
    merci pour la reponse.
  2. Red Frog

    Red Frog Senior Member

    Madrid, Spain
    England, English
    Je crois que c'est 'court bailiff'...mais attendons d'autres opinions au cas où...

  3. Mon Robert donne "bailiff" pour "huissier de justice".

  4. vanes Member

    huissiers de justice : bailiffs
  5. walkyrie Senior Member

    né et vit en France
    Une précision donnée par le Robert & Collins :

    "Although in some respect the role of huissiers is similar to that of bailiffs, their activities are not identical. The main function of a huissier is to carry out decisions made in the courts, for example evictions for non-payment of rent and seizure of goods following bankruptcy proceedings. Unlike bailiffs, huissiers can also be called upon to witness the signature of important documents, and to ensure that public competitions are judged fairly".

    D'après la dernière phrase, les nombreux huissiers qui sont utilisés en France dans les émissions de télé-réalité pour "valider" les votes des téléspectateurs ne seraient pas des bailiffs dans les pays anglo-saxons (à vérifier).
  6. mattmnyc New Member

    English USA
    Can anyone tell me what a "huissier de justice" is and what sort of powers or authority they have? It appears to me to be a private (non-governmental) collection agency. Thank you.
  7. ageur Senior Member

    En France, Belgique, Luxembourg, Pays-Basgerechtsdeurwaarder ») et au Québec, un huissier de justice est un officier ministériel nommé par le Garde des Sceaux (en France seulement), qui détient le monopole de signifier et d’exécuter les décisions rendues par les tribunaux. Il est notamment souvent chargé de signifier les actes et authentifier les personnes auxquelles il les remet, procéder au recouvrement amiable ou judiciaire de toutes créances, délivrer les convocations en justice (assignations et citations), etc. [...]
    Last edited by a moderator: Apr 3, 2009
  8. Satine Senior Member

    Paris, France
    After a thorough read of all the threads on this forum discussing bailiffs vs huissiers, I'm still confused as to which term I should use in the case of an huissier de justice evicting a tenant.

    In the text I'm translating, the huissier not only evicts the tenant, but also seizes his moveable property, and it's my understanding that in the US this would be a job for a collection or a repossession agent as opposed to a bailiff (who's not supposed to leave the courtroom to carry out his duties anyway, from what I've gathered).

    Based on what I've read on wikipedia about eviction procedures in the US, a law enforcement officer is supposed to remove the tenant from the property. However, in the text I'm translating, an officer of the law is present along with the huissier to bear witness to the procedure, so I'm not sure what to call the huissier himself.

    If anyone could enlighten me, it'd be greatly appreciated. Thanks in advance!
  9. LART01

    LART01 Senior Member

    La Haye Pays-Bas
    Yes . different countries, different laws, different names
    In France, to carry out an eviction. From 6:00 am and within a defined year calendar,
    The ''huissier de justice'' will be accompanied by '' un officier de police judiciaire''
    and possibly some unis + the movers!
  10. Satine Senior Member

    Paris, France
    Indeed, the cultural differences are making it hard to find a proper equivalent, and as you mentioned the movers happen to also be present in the text I'm translating.
  11. broglet

    broglet Senior Member

    English - England
    bonjour satine - in the UK a bailiff can seize furniture and carry out evictions
  12. Satine Senior Member

    Paris, France
    Thank you. I had gathered as much from reading the threads on this forum, but was looking for something more mid-Atlantic that would also be understandable for a US audience... Thanks again for your input nonetheless!
  13. wildan1

    wildan1 Moderando ma non troppo (French-English, CC Mod)

    There is no real equivalent to un huissier de justice in the US system. The majority of the services provided by such a person in the French system are delivered through various parts of the private sector.
    A bailiff is usually an officer who is responsible for keeping the peace inside a court building in the US system, and does not actively participate in the repossession of property in an eviction in the US.

    The process of eviction is undertaken through local law and legal structures, so it varies by state and locality. In some parts of the US the sheriff may be charged with making the process take place--usually delegated to a police officer who would then have the premises emptied under the officer's supervision if the tenant did not leave voluntarily.

    Not sure if "sheriff" is mid-Atlantic enough to make sense to a BE reader, but "bailiff" would be confusing for an AE reader.
  14. broglet

    broglet Senior Member

    English - England
    Hi wildan - it seems as though the translation will need to be different for UK and US audiences.
  15. wildan1

    wildan1 Moderando ma non troppo (French-English, CC Mod)

    Yes, I agree.

    ushers are usually folks equipped with flashlights who show you your seat in a theater or church, unless they are male attendants at a wedding. (There also used to be usherettes, but that's fallen by the wayside as a term nowadays).

    Nary an usher in a courthouse unless it is someone summonsed as a defendant or juror!

    If the text is describing an eviction taking place in a French-speaking context, it might be better to stay with huissier and an explanation...
  16. I'm up against the same quandry, and it's not the first time. I've used bailiff before, but was never happy with it because it is a very specific position in the US and has nothing to do with activities outside of a courtroom.
    So I'm looking for a less-specific, more generic term, which, while not a precise translation, gets accross my meaning. Like a justice officer...

    Strike that. Ladies and gents, may I introduce you to the "Officer of the court"? Here's the definition from wikipedia:

    the generic term officer of the court (not to be confused with court officers) is applied to all those who, in some degree in function of their professional or similar qualifications, have a legal part—and hence legal and deontological obligations—in the complex functioning of the judicial system as a whole, in order to forge justice out of the application of the law and the simultaneous pursuit of the legitimate interests of all parties and the general good of society.

    That will do nicely in many of the translations I do!

    Case closed for me :).

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