Subsection 1: Apprehension under an enforcement order

An order to deliver or return the goods is served on the person required to surrender the goods. Under penalty of being declared null and void, the order shall contain : 1° A reference to the enforcement order under which the surrender is required; 2° An indication that the person required to surrender may, within a period of eight days, transport the designated property at his own expense to a…

The property may also be apprehended immediately, without prior command and on presentation of the writ of execution alone if the person required to surrender it is present and if, on being asked by the bailiff, he does not offer to transport it at his own expense. In this case, the document provided for in Article R. 222-4 contains the indication that disputes may be brought before the enforcement judge…

A record of the voluntary surrender or apprehension of the property is drawn up. This document contains a detailed description of the property. Where applicable, the property may be photographed; the photograph is attached to the deed.

If the property has been apprehended in order to be returned to its owner, a copy of the deed provided for in article R. 222-4 is delivered or notified by registered letter with acknowledgement of receipt to the person obliged, by virtue of the enforcement order, to deliver or return the property.

In the specific case where the asset has been apprehended in order to be remitted to a pledgee, the act of remittance or apprehension is deemed to constitute a seizure in the custody of the creditor and, provided that the creditor has not applied for the judicial allocation of the pledge, the pledged asset is sold by compulsory public auction. Unless the creditor uses the simplified realisation procedure provided for…