Section 2: Seizure operations

Seizure may be carried out at any place where the movable property belonging to the debtor is located, even if it is held by a third party.

Seizure operations may not commence until eight days have elapsed from service of the summons to pay.

Where a judge’s authorisation is required to proceed with the seizure, the bailiff shall bring it to the attention of the debtor or the holder, as the case may be; the authorisation shall be appended to the seizure report.

Where appropriate, the bailiff may take photographs of the items seized. These photographs are kept by the bailiff for the purpose of verifying the seized goods. They may only be disclosed when a dispute is brought before the judge.

Seized goods are unavailable. If a legitimate reason makes it necessary to move them, the custodian is required to inform the creditor in advance, indicating the place where they will be placed.

If no property can be seized, the bailiff will draw up a procès-verbal de carence. The same applies if it is clear that the property has no market value.

The bailiff who has seized the assets shall consult the register provided for inarticle R. 521-1 of the French Commercial Code and serve the seizure report within eight days of it being drawn up on the creditors holding a published security interest in the assets.