Subsection 1: General provisions

When the execution judge orders the forced sale, he sets the date of the hearing at which it will take place within a period of between two and four months from the date of his decision. The judge determines the terms and conditions for visiting the property at the request of the pursuing creditor.

On the specified date, the pursuing creditor or, failing this, any registered creditor, who is then subrogated to the proceedings, requests the sale. If no creditor requests the sale, the court declares that the summons to pay serving as a seizure has lapsed. In this case, the defaulting creditor retains all the costs of the seizure unless the court decides otherwise, giving its reasons.

The compulsory sale may only be postponed in the event of force majeure or at the request of the Commission de surendettement (excessive debt commission) made pursuant to articles L. 722-4 or L. 721-7 of the French Consumer Code.

If the compulsory sale is adjourned to a later hearing, it will be advertised again in the same way and within the same timeframe as the first compulsory sale.