The crops are placed under the responsibility of the debtor as custodian. However, at the request of the distraining creditor, the execution judge may appoint a manager to the farm, with the debtor being heard or summoned.
The sale is announced by posters posted at the town hall and at the market nearest to the place where the crops are located. The notices shall state the date, time and place of the sale and indicate the plot of land where the crops are located, its size and the nature of the fruit. The bailiff will certify that this has been done.
The sale takes place at the place where the crops are located or at the nearest market.
Tangible movable property may be apprehended in the hands of the person who is required to hand it over by virtue of a writ of execution or directly in the hands of a third party who holds it on behalf of the latter. However, in the case of a land motor vehicle immobilised by one of the procedures provided for the application of article L. 223-2, it may only be…
An order to deliver or return the goods is served on the person required to surrender the goods. Under penalty of being declared null and void, the order shall contain : 1° A reference to the enforcement order under which the surrender is required; 2° An indication that the person required to surrender may, within a period of eight days, transport the designated property at his own expense to a…
The property may also be apprehended immediately, without prior command and on presentation of the writ of execution alone if the person required to surrender it is present and if, on being asked by the bailiff, he does not offer to transport it at his own expense. In this case, the document provided for in Article R. 222-4 contains the indication that disputes may be brought before the enforcement judge…
A record of the voluntary surrender or apprehension of the property is drawn up. This document contains a detailed description of the property. Where applicable, the property may be photographed; the photograph is attached to the deed.
If the property has been apprehended in order to be returned to its owner, a copy of the deed provided for in article R. 222-4 is delivered or notified by registered letter with acknowledgement of receipt to the person obliged, by virtue of the enforcement order, to deliver or return the property.
In the specific case where the asset has been apprehended in order to be remitted to a pledgee, the act of remittance or apprehension is deemed to constitute a seizure in the custody of the creditor and, provided that the creditor has not applied for the judicial allocation of the pledge, the pledged asset is sold by compulsory public auction. Unless the creditor uses the simplified realisation procedure provided for…
Where the property is held by a third party, a summons to surrender the property is served directly on the third party. The summons is served by registered letter with acknowledgement of receipt to the person required to deliver or return the property. Under penalty of nullity, this summons shall contain : 1° A copy of the enforceable title under which the surrender is required and, in the case of…
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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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