Chapter IV: Seizure of assets placed in a safe deposit box

The seizure of assets placed in a safe belonging to a third party is carried out by a bailiff’s deed served on the third party. Under penalty of nullity, this document shall contain: 1° The name and domicile of the debtor and, in the case of a legal entity, its name and registered office; 2° A reference to the title under which the seizure is made; 3° An injunction to…

Any seizure prohibits access to the safe without the presence of the bailiff. The bailiff may affix seals to the safe.

Where the proceedings are aimed at the sale of the assets placed in the safe, a summons to pay shall be served on the debtor on the first working day following the act of seizure provided for in Article R. 224-1. This document contains, under penalty of nullity: 1° The denunciation of the seizure deed; 2° A mention of the writ of execution by virtue of which the proceedings are…

The safe may not be opened before the expiry of a period of fifteen days from the date of service of the summons to pay. However, the debtor may request that the safe be opened at an earlier date. In the absence of the debtor, the forced opening may only take place in the presence of the owner of the safe or his duly authorised representative. The costs are advanced…

On the appointed day, a detailed inventory of the assets is drawn up. If the debtor is present, the inventory is limited to the seized assets. These are immediately removed and placed in the custody of the bailiff or a receiver appointed, in the absence of an amicable agreement, by the enforcement judge hearing the case. If the debtor is absent, an inventory is drawn up of all the assets…

A record of the transactions is drawn up. This record shall contain, under penalty of nullity, the surnames, first names and capacities of the persons who attended the operations and of those into whose hands the assets were handed over, who shall sign the original and the copies; in the event of refusal, this shall be mentioned in the record.

A copy of the inventory is given or served to the debtor and, where applicable, to the persons to whom property has been delivered. Under penalty of nullity, in the copy given or served to the debtor, mention shall be made of the place where the seized assets are deposited and, in very conspicuous characters, it shall be stated that he has a period of one month to proceed with…

The forced sale shall take place as set out in articles R. 221-33 to R. 221-39. The incidents of seizure are governed by the provisions of articles R. 221-40 to R. 221-56.

The debtor regains free access to the safe on the day the goods are removed.

Where the proceedings are aimed at apprehending one or more specific items of property placed in the safe with a view to handing them over to a third party, a summons to deliver or return shall be served on the person required to hand them over on the first working day following the act of seizure provided for in Article R. 224-1. On pain of nullity, this deed contains :…