Section 2: Attachment of sums due by way of remuneration

The procedure for seizure of sums due by way of remuneration shall be preceded, on pain of nullity, by an attempt at conciliation, in chambers.

The application shall be made by means of a petition delivered or addressed to the court registry by the creditor.In addition to the information required byArticle 57 of the Code of Civil Procedure, the petition shall contain, on pain of nullity:1° The name and address of the debtor’s employer;2° A separate breakdown of the sums claimed in principal, costs and accrued interest, together with an indication of the rate of…

The Registrar will notify the claimant of the place, date and time of the attempted conciliation by any means.

The court clerk summons the debtor to the hearing. The summons : 1° Mention the surname, first name and address of the creditor or, in the case of a legal entity, its name and registered office; 2° Indicate the place, day and time of the conciliation attempt; 3° Contain the object of the claim and the statement of the sums claimed, with a separate breakdown of the principal, costs and…

The creditor and debtor are summoned at least fifteen days before the date of the hearing.

On the day of the hearing, the judge tries to reconcile the parties.

If the debtor fails to honour the commitments made at the hearing, the creditor may ask the court clerk to proceed with the seizure without further conciliation. The creditor must enclose a statement of the sums received as a result of the conciliation.

If the creditor fails to appear, the provisions of Article 468 of the Code of Civil Procedure shall apply. If the debtor fails to appear, the seizure shall proceed, unless the judge deems it necessary to issue a new summons. If the parties fail to reach an agreement, the seizure is carried out after the judge has verified the amount of the claim in principal, interest and costs and, if…