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…
The registrar ensures that the seizure operations run smoothly.
In the light of the minutes of the non-conciliation hearing, the court clerk will proceed with the seizure within eight days. If the conciliation hearing has resulted in a judgement, the court clerk will proceed with the seizure within eight days of notification of the judgement if it is enforceable and, failing this, following expiry of the time limits for appealing against the judgement.
The writ of attachment drawn up by the registry shall contain : 1° The surname, first names and domicile of the debtor and creditor or, in the case of a legal entity, its name and registered office; 2° A separate statement of the sums to be seized, including principal, costs and accrued interest, together with an indication of the interest rate; 3° The method of calculating the seizable fraction and…
The attachment deed is notified to the employer. A copy is sent to the debtor by ordinary letter, indicating that if the employer changes, the seizure will continue with the new employer.
The employer shall provide the court registry with the information mentioned in article L. 3252-9 no later than fifteen days from notification of the seizure. This declaration may be consulted at the registry by the creditor, the debtor or their agent. At their request, the court clerk will issue a copy.
The civil fine provided for in article L. 3252-9 may not exceed 10,000 euros.
The employer shall inform the registry within eight days of any event that suspends or terminates the seizure.
Every month, the employer sends the court registry a sum equal to the portion of the salary that may be seized. Where there is only one seizing creditor, payment is made by means of a cheque drawn up in accordance with the instructions given by the creditor. The court clerk will send the cheque to the creditor or his agent as soon as it is received, after noting it in…
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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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