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BOOK II: MOVABLE PROPERTY ENFORCEMENT PROCEDURES

Article R211-1 of the French Code of civil enforcement procedures

The creditor proceeds with the seizure by a bailiff’s deed served on the third party. Under penalty of nullity, this deed shall contain 1° An indication of the name and domicile of the debtor or, in the case of a legal entity, its name and registered office; 2° An indication of the writ of execution by virtue of which the seizure is made; 3° A separate statement of the sums…

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Article R211-2 of the French Code of civil enforcement procedures

Within the period provided for in the first paragraph of article R. 211-11, any interested party may request that the sums seized be paid into the hands of a receiver appointed, in the absence of an amicable agreement, by the enforcement judge hearing the case. The remittance of the funds to the receiver stops the interest due by the garnishee.

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Article R211-3 of the French Code of civil enforcement procedures

On pain of nullity, the seizure is notified to the debtor by a bailiff’s deed within eight days. Under penalty of nullity, this act shall contain 1° A copy of the seizure report and a reproduction of the information provided by the garnishee if the document was served electronically; 2° In very clear lettering, a statement that disputes must be raised, on pain of inadmissibility, within one month of service…

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Article R211-4 of the French Code of civil enforcement procedures

The garnishee must immediately provide the bailiff with the information set out in Article L. 211-3 and provide him with the supporting documents. This is mentioned in the attachment deed. By way of derogation from the first paragraph, when the seizure is carried out in the hands of a public accountant or the Caisse des dépôts et consignations, the latter has a period of twenty-four hours to provide the bailiff…

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Article R211-5 of the French Code of civil enforcement procedures

A garnishee who, without legitimate reason, fails to provide the information required shall be ordered, at the creditor’s request, to pay the sums due to the creditor, without prejudice to the creditor’s right of recourse against the debtor. The third party may be ordered to pay damages in the event of culpable negligence or inaccurate or untruthful declaration.

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Article R211-6 of the French Code of civil enforcement procedures

The garnishee makes payment on presentation of a certificate issued by the court registry or drawn up by the bailiff who carried out the seizure, stating that no dispute has been lodged within one month of notification of the seizure. Payment may be made before the expiry of this period if the debtor has declared that he is not contesting the seizure. This declaration is recorded in writing.

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