Subsection 4: Seizure of fruits

The fruits immobilised from the date of service of the summons to pay in the form of a seizure are distributed with the price of the property in the same order as the property is distributed.

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.

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.