TITLE VI: SPECIAL PROVISIONS FOR CERTAIN PERSONS AND PROPERTY

For the application of article L. 162-1, in the event of a reduction in the sums made unavailable, the establishment must provide a statement of all transactions that have affected the accounts since the day of the seizure inclusive. This statement of transactions shall be sent by registered letter with acknowledgement of receipt to the distraining creditor no later than eight days after expiry of the reversal period. Subject to…

No request from the debtor is required where the provisions of article L. 162-2. The garnishee shall immediately notify the debtor that the sum referred to in this article has been made available.

A debtor may only be made available again in the event of a new seizure taking place after the expiry of a period of one month following the seizure that gave rise to the previous making available. During this period, the sum mentioned in article R. 162-2 remains at the debtor’s disposal.

Where the sums that cannot be seized come from claims that fall due periodically, such as remuneration from work, retirement pensions, sums paid by way of family allowances or unemployment benefit, the account holder may, on providing proof of the origin of the sums, request that they be made available immediately, after deduction of transactions that have debited the account since the last payment of the claim that cannot be…

When the sums that cannot be seized come from a debt that does not fall due periodically, the account holder may, upon providing proof of the origin of the sums, request that the amount thereof be made available to him, after deduction of any sums debited to the account since the day on which the debt was entered in the account. The funds may not be made available before the…

The application to make unseizable sums available is made before the seizing creditor has requested payment of the seized sums.

Sums of a maintenance nature made available to the account holder pursuant to articles R. 162-2 and R. 213-10 are deducted from the amount of unseizable claims whose payment may subsequently be requested by the account holder pursuant to articles R. 162-4 and R. 162-5, or obtained by the latter pursuant to article R. 112-4.

Without prejudice to any criminal penalties that may be incurred, an account holder who is provided with a sum greater than that to which he is entitled pursuant to the articles of this chapter shall return to the creditor the sums wrongly received or made available to him. If the account holder is at fault, he may also be ordered to pay damages at the request of the creditor.

Where an account, even a joint one, funded by the earnings and salaries of a spouse with joint property is the subject of a compulsory execution measure or a precautionary seizure for the payment or guarantee of a claim arising from the spouse, a sum equivalent to the amount of earnings and salaries paid during the month preceding the seizure or to the average monthly amount of earnings and salaries…