Article R221-50 of the French Code of civil enforcement procedures
November 8, 2023
The debtor may request that the seizure of an asset that he does not own be declared null and void.
The debtor may request that the seizure of an asset that he does not own be declared null and void.
A third party who claims to be the owner of a seized asset may ask the enforcement judge to order its segregation. On pain of inadmissibility, the application must specify the elements on which the claimed right of ownership is based. The distraining creditor calls the opposing creditors into question. The distrainee debtor is heard or called.
The action for diversion ceases to be admissible after the sale of the seized property; only the action for revendication may then be brought. However, a third party who is recognised as the owner of property that has already been sold may divert the price thereof, without deduction of costs, until the sums generated by the sale have been distributed.
Disputes concerning the seizability of the assets included in the seizure are brought before the enforcement judge by the debtor or by the bailiff acting as in matters of enforcement difficulties. Where the debtor invokes unseizability, proceedings are brought within one month of service of the writ of seizure. The creditor is heard or summoned.
The debtor may apply to have the seizure declared null and void on the grounds of a formal or substantive defect other than the unseizability of the assets included in the seizure, up until the sale of the seized assets. The seizing creditor brings the opposing creditors into question. If the seizure is declared null and void after the sale but before distribution of the price, the debtor may request…
The judge who annuls the seizure may leave the debtor to bear all or part of the costs incurred if the debtor failed to apply for annulment in good time.
An application for a declaration of nullity does not suspend the seizure unless the court orders otherwise.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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