Chapter I: Procedure

If the bailiff responsible for enforcing an enforceable title encounters a difficulty that hinders the course of his operations, he shall draw up a report and may, on his own initiative, refer the matter to the enforcement judge. The rules of ordinary procedure are applicable subject to the following provisions.

The matter is referred to the court by a request from the bailiff to the court registry, accompanied by a presentation of the deed and a statement of the difficulty that has hindered the enforcement operation and, if applicable, the documents that have been communicated to him.

The bailiff informs the interested parties of the difficulty encountered and the place, date and time of the hearing at which the difficulty will be examined. This information is given either by verbal statement recorded in the minutes, or by registered letter with acknowledgement of receipt. It shall be deemed to constitute a summons to appear. The parties shall be informed of the provisions of articles R. 121-6 to R….

The decision does not have the force of res judicata in the main proceedings.