It may not be exercised until five days after a summons has been served on the convicted person at the request of the pursuing party.
In the event that the judgment of condemnation has not previously been served on the debtor, the summons shall bear at the head an extract from this judgment, which shall contain the names of the parties and the operative part.
In the light of the writ of service of the summons, if the latter is less than one year old, and at the request of the Treasury, the public prosecutor may request the sentence enforcement judge to issue a judicial restraint order under the conditions set out in Article 712-6. To this end, this magistrate may issue the warrants provided for in article 712-17. The decision of the sentence enforcement judge, which is provisionally enforceable, may be appealed under the conditions set out in article 712-11. The sentence enforcement judge may decide to grant the sentenced person deferred payment if this is justified by his personal situation, by postponing his decision for a period that may not exceed six months.