Section 2: The orientation hearing

At the orientation hearing, the enforcement judge, after hearing the parties present or represented, verifies that the conditions of articles L. 311-2, L. 311-4 and L. 311-6 have been met, rules on any disputes and incidental claims and determines how the proceedings are to be pursued, by authorising an out-of-court sale at the request of the debtor or ordering a forced sale. When authorising an out-of-court sale, the judge ensures…

An application to suspend the property seizure procedure on the grounds that the debtor is over-indebted is made in accordance with the provisions of article L. 721-4 of the French Consumer Code, under the conditions set out in article R. 721-5 of this code.

The debtor’s request for authorisation of the amicable sale of the property, as well as the deeds resulting from this sale, do not require the assistance of a lawyer. This request may be made orally at the orientation hearing.

The referral judgement shall state the amount of the debt owed to the debtor in principal, costs, interest and other incidental expenses.

An appeal against a decision on a referral is lodged, investigated and judged according to the fixed day procedure without the appellant having to invoke a peril in his application. Where the appeal is lodged against a judgment ordering the sale by auction, the court shall rule no later than one month before the date set for the auction. Failing this, the enforcement judge may, at the request of the…