In the absence of an amicable sale within the stipulated period, a forced sale of the seized property shall be carried out under the conditions prescribed in articles R. 221-33 to R. 221-39.
A bailiff who carries out a precautionary seizure on assets made unavailable by one or more previous precautionary seizures shall serve a copy of the seizure report on each of the creditors whose actions preceded his own.
If the assets seized as a precautionary measure are subsequently sold, the bailiff serves the seizure report on the creditors who previously carried out the precautionary seizures. Similarly, the document converting a precautionary seizure into an attachment for sale is served on the creditors who, prior to this conversion, seized the same assets on a precautionary basis.
If the debtor presents proposals for amicable sale, the distraining creditor who accepts them shall communicate the content thereof, by registered letter with acknowledgement of receipt, to the creditors who have seized the same property as a protective measure, either before the act of seizure or before the act of conversion, as the case may be. Under penalty of nullity, the letter shall reproduce, in very clear characters, the three…
The distraining creditor who arranges for the removal of the assets with a view to their forced sale shall inform, by registered letter with acknowledgement of receipt, the creditors who have made a protective attachment on the same assets prior to the act of attachment or the act of conversion, as the case may be. Under penalty of nullity, this letter shall indicate the name and address of the ministerial…
The creditor proceeds with the seizure by a bailiff’s deed served on the third party. Under penalty of nullity, this deed shall contain 1° A statement of the name and domicile of the debtor or, in the case of a legal entity, its name and registered office; 2° An indication of the authorisation or title by virtue of which the seizure is made; 3° a breakdown of the sums for…
Any interested party may request that the sums seized be paid into the hands of a receiver appointed, in the absence of an amicable agreement, by the enforcement judge hearing the case. The remittance of the funds to the receiver stops the interest due by the garnishee.
Within a period of eight days, on pain of nullity, the protective attachment is notified to the debtor by a bailiff’s deed. Under penalty of nullity, this act shall contain 1° A copy of the court’s authorisation or of the document by virtue of which the seizure was carried out; however, in the case of a notarised bond or a debt owed to the State, local authorities or their public…
The garnishee must immediately provide the bailiff with the information set out in Article L. 211-3 and provide him with the supporting documents. This is mentioned in the writ of attachment. If the writ of attachment is served electronically, the garnishee is required to send the bailiff the information and supporting documents mentioned in the first paragraph by the same means. This communication must be made no later than the…
A garnishee who, without a legitimate reason, fails to provide the information required, is liable to pay the sums for which the seizure was made if the debtor is convicted and subject to recourse against the debtor. The garnishee may be ordered to pay damages in the event of culpable negligence or inaccurate or untruthful declaration.
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RCS Paris n°814433470
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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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