The intervention of a new creditor may be contested at any time during the attachment procedure. Once the seizure has been completed, the debtor may still bring an action for recovery at his own expense against the intervening creditor who has been unduly paid.
A creditor who is a party to the proceedings may, by way of intervention, claim interest due and costs and expenses liquidated or verified since the seizure.
In the event of seizure of sums due by way of remuneration, the sums paid to the registrar of the judicial court or, where applicable, of one of its local chambers, shall be distributed at least every six months, unless in the meantime the sums reach an amount sufficient to pay off the creditors.
The maximum amount of residual claims paid as a priority pursuant to the second paragraph of Article L. 3252-8 is set at €500.
The court clerk notifies each creditor of the distribution statement. If an intervention has been contested, the sums due to the intervening creditor are deposited. They are returned to the intervening creditor if the challenge is rejected. Otherwise, the sums are distributed to the creditors or returned to the debtor, as appropriate.
The statement of distribution may be contested within fifteen days of its notification. If no objection is lodged within this period, the court clerk will send each creditor a cheque for the amount of the sums due to him or her. If the statement of distribution is contested, the sums due to the creditors are paid after the judge has ruled on the dispute.
Notification to the employer of a third-party administrative seizure relating to a debt guaranteed by the Treasury’s lien in accordance with article L. 262 of the Book of Tax Procedures suspends the course of the seizure until the debtor’s obligation is extinguished, subject to direct payment procedures initiated for the recovery of maintenance payments. The employer informs the public accountant of the pending seizure. The accounting officer informs the court…
If the employer is notified of an administrative attachment by a third party relating to a debt not guaranteed by the Treasury’s lien, in accordance with article L. 262 of the Book of Tax Procedures, the employer informs the public accountant of the attachment in progress. The accountant sends a copy of the third-party administrative seizure relating to a debt not guaranteed by the Treasury’s lien to the court registry…
In the event of notification of a request for direct payment of a maintenance claim, the employer shall pay the debtor the fraction of the remuneration provided for in article L. 3252-5. It shall pay the maintenance creditor the sums due to it. If these sums do not exceed the unseizable portion of the remuneration, the employer shall remit the remainder to the debtor. The employer continues to pay the…
If the debtor receives more than one payment, the court clerk determines which employers are responsible for making the deductions. If one of these employers is able to pay the full amount that may be seized, the seizure may be carried out against that employer.
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is a Registered Trademark of
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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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