Single chapter

If there is only one creditor, the proceeds of the sale are remitted to that creditor up to the amount of his claim, in principal, interest and costs, within a period of one month at the latest from the date of the forced sale or, in the case of an amicable sale, from the date on which the price was paid. Within the same period, the balance is remitted to…

In the event that several creditors have come forward within the time limit, the agent responsible for the sale shall draw up a proposal for the distribution of the price between the creditors. The plan is drawn up on the basis of the information contained in the summons to pay, in the objection documents and, where applicable, the information required by articles R. 522-13 and R. 522-14. The costs incurred…

The draft allocation shall be drawn up within one month of the date of the compulsory sale. In the event of an amicable sale, this period shall run from the date of [payment] of the price.

Within the period provided for in Article R. 251-3, the draft distribution is notified by registered letter with acknowledgement of receipt to the debtor and to each of the creditors, including those who would not be included in the distribution if they did not come forward within the prescribed time limits. The addressee is informed, under penalty of nullity: 1° That he/she has a period of fifteen days, from receipt…

If no objection is lodged within the allotted time, the proposed distribution becomes final. The agent in charge of the sale makes payment to creditors who have implemented a compulsory execution measure, to creditors who hold a pledge constituted as a guarantee for a professional debt, and to creditors who hold another published security provided that they have a writ of execution. He shall deposit with the Caisse des Dépôts…

In the event of a dispute, the sale agent will summon the debtor and all creditors to an attempt at conciliation. This meeting takes place within one month of the first dispute.

If the parties summoned to the meeting reach an agreement, this is recorded in writing. A copy of the agreement shall be delivered or sent by ordinary letter to the debtor and to all the creditors. Payment shall be made as set out in Article R. 251-1.

If no agreement is reached, the agent in charge of the sale draws up a report setting out the difficulties encountered; he or she attaches the documents required to resolve the dispute and immediately refers the matter to the enforcement judge at the place of sale, forwarding the file to him or her. The sums apportioned are immediately deposited with the Caisse des Dépôts et Consignations. The judge may decide…

The time limits provided for in articles R. 251-1 and R. 251-3 may be extended by mutual agreement between the interested parties or by order of the enforcement judge hearing the case.

If the time limits set for the preparation of the distribution proposal are not respected, any interested party may refer the matter to the enforcement judge, who will proceed with the distribution. Payments are made no later than eight days after the distribution has become final. On expiry of this period, the sums due shall bear interest at the legal rate.