The pursuing creditor or the registered creditors may, without having to obtain the authorisation of the court, use any additional means of information to announce the sale. Such means must not entail any costs for the debtor or reveal the forced nature of the sale or the name of the debtor.
An application may be made to the enforcement judge by the pursuing creditor, one of the registered creditors or the distrained party to arrange, restrict or complete the publicity measures provided for in Articles R. 322-31 to R. 322-35. The request is made, depending on the case, at the orientation hearing, no later than two months before the auction hearing or within two working days of the sale.
The publicity measures ordered by the judge pursuant to Article R. 322-37 are carried out at the request and advanced expense of the party requesting them.
The following persons may not place bids, either themselves or through intermediaries: 1° The distrainee debtor; 2° Court officers who have intervened in any capacity whatsoever in the proceedings; 3° Magistrates of the court before which the sale is being conducted.
Auctions are conducted by a lawyer registered at the bar of the court before which the sale is being conducted. The lawyer may only hold one power of attorney.
Before placing the bids, the lawyer shall obtain from his client, against a receipt, an irrevocable bank guarantee or a bank cheque made payable to the escrow agent or to the Caisse des Dépôts et Consignations, as indicated in the conditions of sale, representing 10% of the hammer price, although the amount of this guarantee may not be less than €3,000. The receipt shall reproduce the provisions of the third…
Before placing the bids, if the property being seized is a residential property or the business assets of an establishment open to the public and used wholly or partly for accommodation, the lawyer must also obtain a statement from the principal stating whether or not the principal has been convicted of one of the offences referred to in article L. 322-7-1 and, if the principal is a natural person, whether…
The costs of the proceedings, duly justified by the pursuing creditor and, where applicable, by the higher bidder, are assessed by the judge and publicly announced before the opening of the auction. Nothing may be demanded in excess of the amount of the fee. Any stipulation to the contrary is deemed unwritten.
The judge shall point out that bidding will start from the amount of the upset price set, as appropriate, in the conditions of sale book or by the court decision provided for in the second paragraph of Article L. 322-6.
Bids are pure and simple. Each bid must cover the preceding bid.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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