Subsection 2: Apprehension on court order

In the absence of a writ of execution, an application may be made for an injunction to deliver or return a specific item of movable property. The application is made to the enforcement judge in the place where the debtor resides. Any clause to the contrary is deemed null and void. The court hearing the case must declare of its own motion that it does not have jurisdiction.

On pain of inadmissibility, the request shall contain a description of the property for which surrender is requested, accompanied by any document justifying the request.

An order for delivery or restitution shall be served on the person required to surrender the property. On pain of being declared null and void, service of the order shall contain a summons to have, within a period of fifteen days: 1° Either to transport the designated property at his own expense to a place and under the conditions indicated; 2° Or, if the holder of the property has defences…

In the event of opposition, it is the responsibility of the person requesting the surrender of the property to bring an action before the court having jurisdiction to rule on the delivery or restitution of the property. The application and the injunction, as well as any precautionary measures that may have been taken, lapse if the matter is not referred to the court having jurisdiction within two months of service…

In the absence of opposition within the time limit prescribed in article R. 222-13, the applicant may ask the clerk’s office to affix the executory clause. The order thus endorsed has all the effects of a final, contradictory judgment.

Once the order has become enforceable, the procedure set out in articles R. 222-2 to R. 222-10.