Any person whose claim appears to be well-founded in principle may apply to the court for authorisation to take precautionary measures against the debtor’s assets, without a prior summons to pay, if they can show that there are circumstances likely to jeopardise their recovery. The protective measure takes the form of a protective attachment or a judicial surety.
Prior authorisation from a court is not required where the creditor relies on an enforceable title or a court decision that is not yet enforceable. The same applies in the event of non-payment of an accepted bill of exchange, a promissory note, a cheque or unpaid rent under a written property rental contract.
Authorisation is granted by the enforcement judge. However, it may be granted by the president of the commercial court when, requested prior to any legal proceedings, it is intended to preserve a claim falling within the jurisdiction of the commercial court.
On pain of the protective measure lapsing, the creditor shall initiate or continue, under the conditions and within the time limits set by decree of the Conseil d’Etat, proceedings to obtain an enforceable title if he does not have one.
Even where prior authorisation is not required, the court may release the protective measure if it appears that the conditions prescribed by article L. 511-1 have not been met. At the request of the debtor, the court may replace the protective measure initially taken with any other measure that safeguards the interests of the parties. The provision of an irrevocable bank guarantee in accordance with the measure requested in the…
The costs incurred by a protective measure are borne by the debtor, unless the court decides otherwise. If the court orders the debt to be released, the creditor may be ordered to pay compensation for the damage caused by the protective measure.
Attachment may involve any tangible or intangible movable property belonging to the debtor. It renders them unavailable. Subject to the provisions of Article L. 523-1, an asset may be subject to several protective attachments.
A creditor who has obtained or is in possession of a writ of execution establishing a liquidated and payable claim may proceed with the sale of assets that have been rendered unavailable up to the amount of his claim.
Where the attachment relates to a claim for a sum of money, the attachment deed renders the sum of money unavailable up to the amount authorised by the court or, where such authorisation is not required, up to the amount for which the attachment is made. The attachment produces the effects of a deposit as provided for inarticle 2350 of the Civil Code.
Where the garnishee is an institution authorised by law to maintain deposit accounts, the documents are sent to it electronically.
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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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