BOOK II: MOVABLE PROPERTY ENFORCEMENT PROCEDURES

In the event of a dispute, the sale agent will summon the debtor and all creditors to an attempt at conciliation. This meeting takes place within one month of the first dispute.

If the parties summoned to the meeting reach an agreement, this is recorded in writing. A copy of the agreement shall be delivered or sent by ordinary letter to the debtor and to all the creditors. Payment shall be made as set out in Article R. 251-1.

If no agreement is reached, the agent in charge of the sale draws up a report setting out the difficulties encountered; he or she attaches the documents required to resolve the dispute and immediately refers the matter to the enforcement judge at the place of sale, forwarding the file to him or her. The sums apportioned are immediately deposited with the Caisse des Dépôts et Consignations. The judge may decide…

The time limits provided for in articles R. 251-1 and R. 251-3 may be extended by mutual agreement between the interested parties or by order of the enforcement judge hearing the case.

If the time limits set for the preparation of the distribution proposal are not respected, any interested party may refer the matter to the enforcement judge, who will proceed with the distribution. Payments are made no later than eight days after the distribution has become final. On expiry of this period, the sums due shall bear interest at the legal rate.

All payments or proposed distributions shall be accompanied by a detailed statement of recovery costs, with a clear indication that any interested party may have them verified by the registry of the enforcement judge at the place of sale.