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…
If no voluntary surrender is made within the time limit set, the distraining creditor may apply to the enforcement judge in the place where the third party holder of the property resides for an order to surrender the property. The execution judge may also be seised by the third party. The summons provided for in article R. 222-7 and any precautionary measures that may have been taken shall lapse if…
The property may be seized only on presentation of the enforcement judge’s decision ordering the property to be handed over to the claimant and a special authorisation issued by the judge on application if it is located in premises used as the third party’s home.
The delivery or apprehension shall be recorded in accordance with the provisions of article R. 222-4. A copy of this document is delivered or notified to the third party by registered letter with acknowledgement of receipt. After removal, the person required to deliver it is informed as stated in articles R. 222-5 or R. 222-6 depending on the case.
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75001, Paris France
RCS Paris n°814433470
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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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