Section 1: Seizure operations

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.

If the third party’s declaration is not contested before the act of conversion, it is deemed to be accurate for the sole purpose of the attachment.