In the event of opposition to the payment of the price, the seller may, in any event, after the expiry of the ten-day period, appeal to the president of the court in summary proceedings in order to obtain authorisation to collect his price despite the opposition, on condition that he pays to the Caisse des dépôts et consignations, or to a third party appointed for this purpose, a sufficient sum, set by the judge in summary proceedings, to meet any grounds for opposition in the event that he recognises himself or is found to be a debtor. The deposit thus ordered is allocated specifically, in the hands of the third party holder, to guarantee the debts for which the stop payment has been made and a lien exclusive of any other is granted over the said deposit, without, however, resulting in a judicial transfer in favour of the objector or objectors in question with regard to the seller’s other objecting creditors, if any. Once the summary proceedings order has been executed, the purchaser is discharged and the effects of the opposition are transferred to the third party holder.
The summary proceedings judge will only grant the authorisation requested if he is satisfied by a formal declaration from the purchaser in question, made under his personal responsibility and of which it is noted, that there are no opposing creditors other than those against whom the proceedings are being taken. The purchaser, by executing the order, is not released from his price with regard to other opposing creditors prior to the said order if there are any.