Section 2: Attachment

To carry out the seizure provided for in Article L. 222-2, prior authorisation from the judge issued on application is required, except in the cases set out in Article L. 511-2.

The validity of the seizure-claim is subject to the conditions set out in Articles R. 511-2, R. 511-3 and R. 511-5 to R. 511-8 for protective measures. If these conditions are not met, release of the seizure may be ordered at any time, even in cases where article L. 511-2 allows this measure to be taken without the judge’s authorisation.

Other disputes, in particular those relating to the execution of the seizure, shall be brought before the execution judge of the place where the seized assets are located.

Upon presentation of the judge’s authorisation or one of the titles mentioned in article L. 511-2, the seizure shall be carried out at any place and in the hands of any holder of the property. If the seizure is carried out in premises used as a dwelling by a third party holding the property, special authorisation from the judge is required.

After reminding the holder of the property that he is obliged to inform him whether the property has been subject to a previous seizure and, if so, to provide him with the minutes of such seizure, the bailiff draws up a seizure deed. Under penalty of nullity, the seizure deed shall contain : 1° A mention of the judge’s authorisation or the title by virtue of which the seizure is…

The seizure deed is given to the holder with a verbal reminder of the information set out in 4° and 5° of Article R. 222-21. This is mentioned in the deed. On pain of lapsing, if the seizure has been carried out in the hands of a third party holder of the property, the document is also served within a period of eight days at the latest to the person…

At any time, the enforcement judge may authorise, on request, the delivery of the property to a receiver appointed by the judge.

If the holder claims a right of his own to the seized property, he shall inform the bailiff of this by registered letter with acknowledgement of receipt, unless he made a declaration to this effect at the time of the seizure. Within one month, it is up to the distrainor to bring the dispute before the enforcement judge in the place where the holder lives. Failing this, the unavailability ceases….

Where the person who has carried out a seizure and sale has an enforcement order prescribing the delivery or restitution of the seized property, the procedure shall be as set out in Articles R. 222-2 to R. 222-10, subject to the provisions of the second and third paragraphs of Article R. 222-16.