Section 4: Seizure incidents

For the application of the provisions of the second paragraph of Article L. 221-1, an additional seizure may be carried out if necessary.

On pain of nullity, the notice of opposition shall contain an indication of the writ of execution by virtue of which it was filed, a separate statement of the sums claimed in principal, costs and accrued interest, as well as an indication of the interest rate. The notice of opposition is served on the first distraining creditor unless the opposition was filed by him to add a new claim or…

Any opposing creditor may extend the initial seizure to other assets. A writ of attachment shall be drawn up which includes a supplementary inventory under the conditions prescribed in articles R. 221-12 and R. 221-16 to R. 221-19. This document is served on the first distraining creditor and the debtor. The right to have a supplementary inventory carried out also belongs to the first distraining creditor.

If, at the time of a seizure, the debtor presents the creditor with the deed drawn up at the time of a previous seizure, the latter shall proceed by way of opposition as set out in Article R. 221-42. He may immediately carry out an additional seizure under the conditions prescribed in articles R. 221-12 and R. 221-16 to R. 221-19.

In the event of an extension of the initial seizure, the forced sale of all the seized assets is only carried out upon expiry of the last deadline for their amicable sale. However, those assets for which the time limit for their out-of-court sale has expired may be compulsorily sold immediately, either with the agreement of the debtor or the authorisation of the enforcement judge, or if the publicity formalities…

If the first distraining creditor fails to proceed with the formalities for the compulsory sale on expiry of the prescribed time limits, any opposing creditor is automatically subrogated to him after unsuccessful summons to proceed within a period of eight days. The first distraining creditor is discharged of his obligations. He is required to make the relevant documents available to the subrogated creditor.

The seizure may only be lifted by a court decision or by agreement between the seizing creditor and the opposing creditors.

Nullity of the first seizure does not invalidate the oppositions, except where it results from an irregularity in the seizure operations. This nullity has no consequences for the complementary seizure.