Article L121-3 of the French Code of civil enforcement procedures
November 8, 2023
The enforcement judge has the power to order the debtor to pay damages in the event of abusive resistance.
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…
The activity of natural persons or legal entities not subject to professional status who, on a regular or occasional basis, even on an ancillary basis, carry out the amicable recovery of debts on behalf of others, is carried out under conditions laid down by decree in the Conseil d’Etat.
A simplified procedure for the collection of small claims may be implemented by a bailiff at the request of the creditor for the payment of a claim arising from a contract or from a statutory obligation and below an amount defined by decree by the Conseil d’Etat. This procedure takes place within one month of the bailiff sending a registered letter with acknowledgement of receipt or an electronic message inviting…
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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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