Notice to registered creditors may be given at the elected domicile indicated on the registration forms. It may be made to the heirs collectively, without designation of their respective names and capacities, at their elected domicile or, failing that, at the domicile of the deceased.
Mention of the issue of the summons and the notices is made in the margin of the copy of the summons to pay for the seizure published in the real estate register within eight days of the last summons being served. From the date of this entry, the registration of the summons may only be cancelled with the consent of all registered creditors or by virtue of a judgment enforceable…
At the latest on the fifth working day following the summons delivered to the distrainee debtor, the pursuing creditor deposits at the registry of the execution judge a schedule of conditions of sale containing a description of the property and the terms of the sale. A copy of the summons issued to the debtor and a certified mortgage statement as at the date of publication of the summons to pay…
The terms and conditions of sale are drawn up under the responsibility of the pursuing creditor. It may be consulted at the registry of the execution judge or at the office of the pursuing creditor’s lawyer. Subject to the provisions of article L. 322-6 relating to the amount of the upset price, the stipulations of the conditions of sale may be contested by any interested party.
The period within which a registered creditor who has been notified of a summons to pay equivalent to a seizure must declare his claim is two months from the date of notification. However, a creditor who can prove that his default is not due to his own fault may ask to be authorised to declare his claim after the time limit has expired. The judge shall rule by order upon…
Creditors who have registered their security interest in the property after publication of the summons to pay serving as a seizure order but before publication of the sale, intervene in the proceedings by declaring their claim, based on the principal, costs and interest accrued to the date of the declaration. On pain of inadmissibility, the declaration is made by a lawyer’s deed filed at the registry of the enforcement judge…
The pursuing creditor shall be provided by the registry with a copy of the claims produced with a view to drawing up the draft distribution provided for in Article R. 332-3.
At the orientation hearing, the enforcement judge, after hearing the parties present or represented, verifies that the conditions of articles L. 311-2, L. 311-4 and L. 311-6 have been met, rules on any disputes and incidental claims and determines how the proceedings are to be pursued, by authorising an out-of-court sale at the request of the debtor or ordering a forced sale. When authorising an out-of-court sale, the judge ensures…
An application to suspend the property seizure procedure on the grounds that the debtor is over-indebted is made in accordance with the provisions of article L. 721-4 of the French Consumer Code, under the conditions set out in article R. 721-5 of this code.
The debtor’s request for authorisation of the amicable sale of the property, as well as the deeds resulting from this sale, do not require the assistance of a lawyer. This request may be made orally at the orientation hearing.
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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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