Paragraph 2: Apprehension in the hands of a third party

Where the property is held by a third party, a summons to surrender the property is served directly on the third party. The summons is served by registered letter with acknowledgement of receipt to the person required to deliver or return the property. Under penalty of nullity, this summons shall contain : 1° A copy of the enforceable title under which the surrender is required and, in the case of…

If no voluntary surrender is made within the time limit set, the distraining creditor may apply to the enforcement judge in the place where the third party holder of the property resides for an order to surrender the property. The execution judge may also be seised by the third party. The summons provided for in article R. 222-7 and any precautionary measures that may have been taken shall lapse if…

The property may be seized only on presentation of the enforcement judge’s decision ordering the property to be handed over to the claimant and a special authorisation issued by the judge on application if it is located in premises used as the third party’s home.

The delivery or apprehension shall be recorded in accordance with the provisions of article R. 222-4. A copy of this document is delivered or notified to the third party by registered letter with acknowledgement of receipt. After removal, the person required to deliver it is informed as stated in articles R. 222-5 or R. 222-6 depending on the case.