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Section 4: Effects of the writ of attachment and its publication

Article R321-13 of the French Code of civil enforcement procedures

The unavailability of the property, the seizure of its fruits and the restriction on the debtor’s rights of enjoyment and administration run with regard to the debtor from the date of service of the summons to pay in the form of a seizure. These effects apply to third parties from the date of publication of the summons. Where an agreement has been entered into prior to publication of the summons…

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Article R321-14 of the French Code of civil enforcement procedures

In order to render enforceable an alienation published after the publication of the summons to pay valid as a seizure, the deposit provided for in the second paragraph of Article L. 321-5 shall be served on the pursuing creditor as well as on the registered creditors before the auction hearing, without any time limit being granted for doing so. .

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Article R321-15 of the French Code of civil enforcement procedures

Unless his eviction is ordered, the debtor retains the use of the seized property provided that he does not perform any material act likely to reduce its value, on pain of damages and without prejudice, where applicable, to the penalties provided for inarticle 314-6 of the French Criminal Code. If the circumstances justify it, the execution judge may, at the request of the pursuing creditor or the debtor, authorise the…

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Article R321-17 of the French Code of civil enforcement procedures

The pursuing creditor may authorise the distrainee to sell the fruits out of court or, with the authorisation of the execution judge, may arrange for the fruits to be cut and sold by auction or by any other means within a period set by the judge. The price is deposited in the hands of the receiver appointed by the pursuing creditor or consigned to the Caisse des dépôts et consignations.

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Article R321-18 of the French Code of civil enforcement procedures

The pursuing creditor may, by bailiff’s deed, oppose the tenant’s payment of rent and lease payments to the debtor and require him to pay them into the hands of a receiver appointed by the creditor or to deposit them at the Caisse des dépôts et consignations. In the absence of such opposition, payments made to the debtor are valid and the debtor is the receiver of the sums received.

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Article R321-19 of the French Code of civil enforcement procedures

Service of the summons to pay for the seizure on the third party purchaser shall have the same effect on the third party purchaser as service of the summons to pay for the seizure on the debtor. If the third party purchaser fails to comply with the summons served on him, the seizure of the property and the sale are pursued against him in accordance with the procedures set out…

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Article R321-20 of the French Code of civil enforcement procedures

A summons to pay in the form of a seizure ceases to have effect ipso jure if, within five years of its publication, no mention has been made in the margin of this publication of a judgement recording the sale of the seized property. In the event of refusal to lodge the order for payment or rejection of the publication formality, the five-year period does not begin to run until…

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Article R321-22 of the French Code of civil enforcement procedures

This period is suspended or extended, depending on the case, by a mention in the margin of the copy of the published summons of a court decision ordering the suspension of enforcement proceedings, the postponement of the sale, the extension of the effects of the summons or the decision ordering the reopening of the auction.

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