BOOK II: MOVABLE PROPERTY ENFORCEMENT PROCEDURES

Any creditor in possession of a writ of execution evidencing a debt due and payable may, in order to obtain payment, seize the debtor’s claims for a sum of money from a third party, subject to the specific provisions relating to the seizure of remuneration set out in the French Labour Code.

Where the garnishee is an institution authorised by law to maintain deposit accounts, the documents are sent to it electronically.

The act of seizure entails the immediate allocation to the distrainor of the seized debt, available in the hands of the third party, as well as all its accessories, up to the amount of the sums for which it is carried out. It makes the third party personally liable for the causes of the attachment to the extent of his obligation. Subsequent notification of other seizures or any other levy,…

The garnishee is required to declare to the creditor the extent of his obligations towards the debtor, as well as any terms and conditions that may affect them and, where applicable, any prior assignments, delegations, pledges or attachments.

Any dispute relating to the seizure must be lodged within a time limit set by decree of the Conseil d’Etat. In the absence of a dispute, the creditor shall demand payment of the claim attributed to him by the act of attachment. However, a seized debtor who has not lodged a dispute within the prescribed time limit may bring an action at his own expense for recovery of undue payment…

In the event of a dispute, payment will be deferred unless the judge authorises payment for the amount he or she determines.