Where there is more than one seizure, creditors shall be paid in concurrence, subject to legitimate grounds for preference. However, the lowest residual claims, in ascending order of amount, without exceeding an amount set by decree, are paid in priority under the conditions set by that decree.
The garnishee shall disclose : 1° The legal situation existing between himself and the distrainee debtor ; 2° Assignments, seizures, third-party administrative seizures or direct payment of maintenance claims currently being enforced. The garnishee third party employer who fails to make this declaration without a legitimate reason or makes a false declaration may be ordered by the court to pay a civil fine without prejudice to an order to pay…
The garnishee shall pay monthly the deductions for which the seizure is made within the limits of the sums available. If he fails to do so, the court, even of its own motion, shall declare him liable for the deductions that should have been made. In order to determine the amount of these deductions, the judge may contact the tax and social security bodies under the conditions set out in…
The parties may be represented by : 1° A lawyer ; 2° A ministerial officer of the jurisdiction, who is exempt from producing a power of attorney; 3° An agent of their choice with power of attorney. If this agent represents the distraining creditor, his power of attorney must be specific to the case for which he represents his principal.
In the event of an attachment relating to remuneration in respect of which an assignment has previously been granted and duly notified, the assignee shall be deemed to be the distraining creditor in respect of the sums still owing to it, for as long as it is in competition with other distraining creditors.
The court may decide, at the request of the debtor or the creditor and having regard to the percentage of the remuneration that may be seized, the amount of the claim and the rate of interest due, that the claim that is the subject of the seizure shall bear interest at a reduced rate from the date of authorisation of the seizure or that the sums deducted from the remuneration…
Claims arising from the employment contract are guaranteed under the conditions provided for in 3° of Article 2331 and 2° of Article 2377 of the Civil Code, relating to liens on the debtor’s movable and immovable property. In addition, in the event of safeguard, reorganisation or compulsory liquidation, they are guaranteed, in accordance with articles L. 625-7 and L. 625-8 of the French Commercial Code, under the conditions set out…
When safeguard, reorganisation or compulsory liquidation proceedings are initiated, remuneration of any kind due to employees for the last sixty days worked, less any advance payments already received, is paid, notwithstanding the existence of any other preferential claim, up to a monthly ceiling which is identical for all categories of beneficiaries. This ceiling is set by regulation but may not be less than twice the ceiling used to calculate social…
The remuneration provided for in the first paragraph of Article L. 3253-2 includes : 1° Wages, salaries or commissions as such ; 2° Additional benefits, in particular the compensation provided for in article L. 1226-14, the compensation in lieu of notice provided for in article L. 1234-5, the termination benefit provided for in article L. 1243-8 and the termination benefit provided for in article L. 1251-32.
Notwithstanding the existence of any preferential claim, holiday pay is paid up to a ceiling identical to that established for a period of thirty days’ remuneration by Article L. 3253-1.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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