Chapter II: Seizures and assignments.

The provisions of this chapter shall apply to sums due by way of remuneration to any person employed or working, in any capacity or in any place whatsoever, for one or more employers, irrespective of the amount and nature of his remuneration or the form and nature of his contract.

Subject to the provisions relating to maintenance payments set out in article L. 3252-5, sums due by way of remuneration may only be seized or transferred in the proportions and according to the thresholds of remuneration affected by a correction for each dependant, determined by decree in the Conseil d’Etat. This decree specifies the conditions under which these thresholds and adjustments are revised in the light of changes in economic…

To determine the fraction that cannot be seized, account is taken of the amount of remuneration, its accessories and the value of benefits in kind, after deduction of compulsory social security contributions and the deduction at source provided for in article 204 A of the General Tax Code. Account is also taken of an unseizable fraction equal to the lump sum mentioned in article L. 262-2 of the Code de…

Where a debtor receives from several payers sums that may be seized or assigned under the conditions set out in this chapter, the portion that may be seized is calculated on all of these sums. Deductions are made in accordance with the procedures determined by decree of the Conseil d’Etat.

Direct debit of the current monthly instalment and the last six months’ unpaid maintenance payments, or the last twenty-four months’ unpaid maintenance payments when the body responsible for paying family benefits is acting on behalf of the creditor, may be pursued against the entire remuneration. It is first deducted from the unattachable portion and, if applicable, from the attachable portion. However, in all cases, a sum is left at the…

Remuneration may not be subject to sequestration.

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.