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…
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.
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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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