The enforcement judge deals with the application of the provisions of this code under the conditions set out in article L. 213-6 of the code de l’organisation judiciaire.
The enforcement judge has the power to order the release of any unnecessary or abusive measure and to order the creditor to pay damages in the event of abuse of seizure.
The enforcement judge has the power to order the debtor to pay damages in the event of abusive resistance.
Without prejudice to the provisions of article L. 3252-11 of the Labour Code, the parties may be assisted or represented before the enforcement judge in accordance with the rules applicable before the judicial court in matters where the assistance of a lawyer is not compulsory before that court: 1° When the application relates to eviction ; 2° Where the claim arises from a debt or seeks payment of a sum…
The public prosecutor ensures that judgments and other enforceable titles are enforced.
The Public Prosecutor may order all bailiffs within his jurisdiction to lend their services. The Public Prosecutor also pursues the enforcement of court decisions ex officio in cases specified by law.
Only the bailiffs responsible for enforcement may carry out forced execution and protective seizures. They are obliged to provide their services or assistance except where the measure requested appears to them to be unlawful or where the amount of the costs appears likely to exceed the amount of the claim, unless the claim is the result of a symbolic sentence that the debtor refuses to enforce.
The enforcement agent is responsible for carrying out enforcement operations. Where required by law, he is empowered to ask the enforcement judge or the public prosecutor to grant the necessary authorisations or prescribe the necessary measures.
The law shall determine the other persons empowered to carry out, in the areas that it lays down, forced execution and protective seizures in the same way as bailiffs.
Third parties may not hinder proceedings initiated with a view to enforcing or preserving claims. They shall assist in such proceedings when legally required to do so. Any person who, without a legitimate reason, evades these obligations may be forced to comply with them, if necessary under penalty of a fine, without prejudice to damages. Under the same conditions, a third party in whose hands a seizure has been made…
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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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