If the debtor was not present at the seizure, a copy of the document is served on him, giving him eight days to inform the bailiff of any previous seizures and to provide him with the minutes.
The debtor retains the use of the goods made unavailable by the seizure, unless they are consumable goods. However, the enforcement judge may order, on application, at any time and even before the start of the seizure operations, the handing over of one or more items to a receiver that he or she designates. In addition, if one of the items seized is a motorised land vehicle, it may be…
Cash sums may be seized up to the amount of the distrainor’s claim. They are sequestered in the hands of the bailiff. This is mentioned in the attachment deed, which also states, on pain of nullity, that the debtor has a period of one month from service of the deed to lodge a dispute with the enforcement judge at the place of attachment, which is designated in the deed. In…
On presentation of the summons to pay served on the debtor and on expiry of the period of eight days after its date, provided for in article R. 221-10, the bailiff may seize assets held by a third party on behalf of the debtor. The third party is invited to declare the assets held on behalf of the debtor, including any assets that may have been subject to a previous…
If the third party declares that he does not hold any property belonging to the debtor or if he refuses to reply, a record of this shall be drawn up. This shall be delivered or served on the third party with a prominent indication of the penalty provided for in Article R. 221-21.
If the third party declares that he holds property on behalf of the debtor, the act of seizure shall contain, on pain of nullity : 1° A reference to the title under which the seizure is made; 2° A mention of the name and domicile of the third party; 3° The declaration of the third party and, in very conspicuous characters, the indication that any inaccurate or untruthful declaration exposes…
If the third party is present at the seizure operations, the bailiff shall verbally remind him of the content of the mentions in 3°, 5° and 6° of article R. 221-23. This declaration is mentioned in the deed. A copy of the seizure document bearing the same signatures as the original is immediately given to the debtor. This delivery is equivalent to service.
Where the third party was not present at the seizure, a copy of the document is served on the third party, who is given eight days to inform the bailiff of any previous seizure of the same property and to provide the bailiff with the minutes of the seizure.
On pain of nullity, a copy of the deed is served on the debtor no later than eight days after the seizure. Under penalty of nullity, it is stated that the debtor has a period of one month to proceed with the amicable sale of the seized property under the conditions prescribed in articles R. 221-30 to R. 221-32 which are reproduced.
The third party may refuse custody of the seized assets. They may ask to be relieved of custody at any time. The bailiff appoints a custodian and removes the goods.
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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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