In the cases provided for in article R. 321-8 and in the first paragraph of article R. 321-9, the land registry mentions the deed or deeds that have not been published alongside the copy of the previous summons published in the order in which they were presented, with the surname, first name and domicile of the new debtor or debtors or, in the case of a legal entity, its name…
Where proceedings are joined, the proceedings are continued by the creditor whose summons was published first. If the summonses were published on the same day, the proceedings are continued by the creditor whose summons is the earliest in date and, if the summonses are dated the same day, by the creditor whose principal claim is the highest.
The enforcement judge shall grant the debtor’s request that the effects of the seizure be provisionally confined to one or more of his immovable properties where he establishes that the value of these properties is sufficient to pay off the pursuing creditor and the registered creditors. The judgment indicates the properties on which proceedings are temporarily suspended. After the final sale, the creditor may resume proceedings on the property thus…
The unavailability of the property, the seizure of its fruits and the restriction on the debtor’s rights of enjoyment and administration run with regard to the debtor from the date of service of the summons to pay in the form of a seizure. These effects apply to third parties from the date of publication of the summons. Where an agreement has been entered into prior to publication of the summons…
In order to render enforceable an alienation published after the publication of the summons to pay valid as a seizure, the deposit provided for in the second paragraph of Article L. 321-5 shall be served on the pursuing creditor as well as on the registered creditors before the auction hearing, without any time limit being granted for doing so. .
Unless his eviction is ordered, the debtor retains the use of the seized property provided that he does not perform any material act likely to reduce its value, on pain of damages and without prejudice, where applicable, to the penalties provided for inarticle 314-6 of the French Criminal Code. If the circumstances justify it, the execution judge may, at the request of the pursuing creditor or the debtor, authorise the…
The fruits immobilised from the date of service of the summons to pay in the form of a seizure are distributed with the price of the property in the same order as the property is distributed.
The pursuing creditor may authorise the distrainee to sell the fruits out of court or, with the authorisation of the execution judge, may arrange for the fruits to be cut and sold by auction or by any other means within a period set by the judge. The price is deposited in the hands of the receiver appointed by the pursuing creditor or consigned to the Caisse des dépôts et consignations.
The pursuing creditor may, by bailiff’s deed, oppose the tenant’s payment of rent and lease payments to the debtor and require him to pay them into the hands of a receiver appointed by the creditor or to deposit them at the Caisse des dépôts et consignations. In the absence of such opposition, payments made to the debtor are valid and the debtor is the receiver of the sums received.
Service of the summons to pay for the seizure on the third party purchaser shall have the same effect on the third party purchaser as service of the summons to pay for the seizure on the debtor. If the third party purchaser fails to comply with the summons served on him, the seizure of the property and the sale are pursued against him in accordance with the procedures set out…
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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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