Section 2: Procedure

Unless otherwise stipulated, the parties are obliged to appoint a lawyer.

On pain of automatic inadmissibility, no challenge or incidental claim may, unless otherwise provided, be made after the orientation hearing provided for in Article R. 322-15 unless it relates to procedural acts subsequent to this. In this case, the challenge or incidental request must be made within fifteen days of notification of the document.

Unless otherwise provided, any challenge or incidental claim shall be made by the filing at the Registry of pleadings signed by a lawyer. The communication of pleadings and documents between lawyers is carried out in accordance with the conditions set out in article 766 of the Code of Civil Procedure. The summons is served on the debtor who has not constituted a lawyer. If the dispute or incidental claim cannot…

Unless otherwise provided, judgements may be appealed. The appeal must be lodged within fifteen days of notification. Subject to the provisions of article R. 322-19 and unless a fixed date procedure is used, the appeal is heard in accordance with the procedure set out inarticle 905 of the Code of Civil Procedure. Decisions are notified by service. However, when, by virtue of a specific provision, the enforcement judge rules by…

An application for diversion of all or part of the seized property may be made until the seized property is sold.

The registered creditors and the creditors listed in article 2377 and in 3° of article 2402 may, as from the publication of the summons for seizure and at any time during the proceedings, request the execution judge to subrogate them in the rights of the pursuing creditor, by way of incidental request or orally at the auction hearing. Subrogation may be requested if the pursuing creditor withdraws or if there…

The nullity of acts of the real estate seizure procedure is governed by Section IV of Chapter II of Title V of Book I of the Code of Civil Procedure.

The time limits set out in articles R. 321-1, R. 321-6, R. 322-6, R. 322-10 and R. 322-31 , as well as the two- and three-month time limits set out in article R. 322-4, are prescribed, failing which the summons to pay will lapse. Any interested party may ask the enforcement judge to declare that the summons has lapsed and to order, where necessary, that this be noted in the…