Any creditor in possession of a writ of execution recording a claim that is due and payable may, after service of a summons, arrange for the seizure and sale of tangible movable property belonging to the debtor, whether or not it is held by the latter. Any creditor meeting the same conditions may join the seizure operations by way of opposition. Where the seizure relates to goods held by a…
Seizure for sale of premises used as the debtor’s dwelling, where the purpose is to recover a debt other than a maintenance debt of less than an amount set by regulation, may only be carried out, unless authorised by the court, if recovery is not possible by seizure of a deposit account or wages.
The forced sale of the assets takes place by public auction after a period of one month from the date of the seizure, during which the debtor may proceed to an amicable sale under the conditions provided for in this article. The debtor against whom a compulsory execution measure is being pursued may, under the conditions laid down by decree of the Conseil d’Etat, voluntarily sell the seized assets in…
The agent authorised by law to proceed with the sale stops the sale operations when the price of the goods sold reaches an amount sufficient to pay the principal, interest and costs of the distraining and opposing creditors. He is responsible for representing the auction price. Unless otherwise stipulated, the sale price may not be seized.
Only distraining or opposing creditors who have made themselves known prior to the verification of the seized assets and those who, prior to the seizure, have taken a protective measure or published a security interest over the same assets, shall be entitled to assert their rights over the sale price.
In the event of competition between creditors, the agent in charge of the sale proposes an amicable distribution between them. If no agreement is reached, he will deposit the funds with the Caisse des Dépôts et Consignations and refer the matter to the enforcement judge for the purpose of apportioning the price.
The enforcement agent apprehends the furniture that the debtor is obliged to deliver or return to the creditor by virtue of a writ of execution, unless the debtor offers to transport it at his own expense. The enforcement judge may draw up the writ of execution provided for in the first paragraph in accordance with the conditions laid down by decree in the Conseil d’Etat. Where the furniture is in…
Any person apparently entitled to demand delivery or restitution of tangible movable property may, pending delivery, make it unavailable by means of a seizure-claim.
The bailiff responsible for enforcing an enforcement order may make a declaration to the competent administrative authority for the purpose of seizing a land motor vehicle. Notification of this declaration to the debtor has all the effects of a seizure. The conditions for the application of this article shall be laid down by decree in the Conseil d’Etat.
The enforcement officer with a writ of execution may seize the debtor’s vehicle by immobilising it, wherever it may be, by any means that does not result in any damage to the vehicle. The debtor may ask the judge to lift the immobilisation of the vehicle.
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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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