Section 1: Common provisions

A creditor in possession of a writ of execution evidencing a debt that is due and payable may have sums due by way of remuneration from an employer to his debtor seized.

The proportion in which sums due by way of remuneration may be seized or assigned, pursuant to article L. 3252-2, is set as follows: 1° One-twentieth, on the portion less than or equal to €4,170 ; 2° One tenth, on the portion greater than €4,170 and less than or equal to €8,140; 3° One-fifth, on the band above €8,140 and up to €12,130; 4° One-quarter of the amount over €12,130…

The thresholds determined in article R. 3252-2 are increased by an amount of €1,610 per dependant of the distrainee debtor or the assignor, on presentation of proof by the person concerned. For the purposes of the first paragraph, the following are deemed to be dependants: 1° The debtor’s spouse, partner in a civil solidarity pact or cohabitee, whose personal resources are less than the flat-rate amount of the revenu de…

The thresholds and adjustments provided for in articles R. 3252-2 and R. 3252-3 are revised annually by decree on the basis of changes in the consumer price index, excluding tobacco, for urban households headed by blue-collar or white-collar workers as fixed in August of the previous year in the France-entière series. They are rounded up to the nearest ten euros.

In all cases, the sum left at the disposal of an employee whose remuneration is subject to seizure or assignment, in application of the second paragraph of article L. 3252-5, is equal to the lump sum referred to in article L. 262-2 of the Code de l’action sociale et des familles set for a single-person household.

Unless otherwise provided, notifications and summonses made pursuant to this chapter shall be sent by registered letter with acknowledgement of receipt. Such notifications shall be duly made to the address previously indicated by the creditor(s). In the event of unsigned acknowledgement of receipt being returned to the court registry, the date of notification to the addressee shall be that of presentation and the notification shall be deemed to have been…

The enforcement court with jurisdiction over the attachment of sums due by way of remuneration is that of the debtor’s place of residence. If the debtor resides abroad or has no known domicile, the proceedings are brought before the enforcement court of the place where the garnishee resides. These jurisdictional rules are a matter of public policy.

Disputes arising from the seizure shall be lodged, investigated and judged in accordance with the rules of ordinary oral procedure before the judicial court.

Individual records shall be kept at the registry of each judicial court, mentioning all acts of any kind, decisions and formalities to which the enforcement of the provisions of this chapter gives rise. The records may be kept in electronic form. The data processing system shall guarantee their integrity and confidentiality and ensure their safekeeping.

The administrator of the registry of the judicial court or, where applicable, of one of its local chambers, shall pay the sums for which he is accountable to the officer of the Caisse des Dépôts et Consignations closest to the seat of the court where the registry is located, who shall open a special account for him. Withdrawals for the purposes of distribution are made on presentation of a receipt…