Article R211-14 of the French Code of civil enforcement procedures
November 8, 2023
Articles R. 211-1 to R. 211-13 apply to the seizure of successively enforceable claims, subject to the following provisions.
Articles R. 211-1 to R. 211-13 apply to the seizure of successively enforceable claims, subject to the following provisions.
If there is no dispute, the sums due after the seizure are paid on presentation of the certificate provided for in article R. 211-6. The garnishee is discharged, as and when due, in the hands of the seizing creditor or his agent, who gives receipt and informs the debtor.
In the event of a dispute, the garnishee pays the outstanding debt to a receiver appointed, in the absence of an amicable agreement, by the enforcement judge hearing the case. If the sums sequestered are sufficient to pay off the creditor, the execution judge orders the seizure to be released. The court registry informs the garnishee by registered letter with acknowledgement of receipt.
The garnishee is informed by the creditor of the extinction of the garnishee’s debt by registered letter with acknowledgement of receipt. The attachment also ceases to have effect when the garnishee ceases to be liable to the debtor. The garnishee informs the creditor of this by registered letter with acknowledgement of receipt.
Articles R. 211-1 to R. 211-13 apply to the seizure-attribution of accounts subject to the following provisions.
The act of seizure renders unavailable all the debtor’s accounts representing claims to sums of money.
The garnishee’s declaration indicates the nature of the debtor’s account(s) and their balance on the day of the seizure.
Based on the information provided by the garnishee, the creditor may limit the effect of the seizure to certain accounts. By agreement between the parties or by decision of the enforcement judge, the unavailability of the accounts may be terminated by the provision of an irrevocable guarantee up to the amount of the sums claimed.
When a seizure is made on a joint account, it is notified to each of the account holders. If the names and addresses of the other account holders are unknown to the bailiff, the bailiff will ask the institution holding the account to inform them immediately of the seizure and the amount of the sums claimed.
If the debtor holds different accounts, payment is made by first drawing on the funds available at sight, unless the debtor requests payment in some other way.
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75001, Paris France
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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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