Article R722-3 of the French Consumer Code
November 7, 2023
An appeal lodged against the admissibility decision does not suspend its effects mentioned in articles L. 722-2 to L. 722-16.
An appeal lodged against the admissibility decision does not suspend its effects mentioned in articles L. 722-2 to L. 722-16.
When the commission receives an appeal, its secretariat forwards it, along with the file, to the registry of the judicial court.
The letter notifying the admissibility decision states that its effect is to suspend and prohibit enforcement proceedings against the debtor’s assets as well as assignments of remuneration that the debtor has agreed to and relating to debts other than maintenance debts. It specifies that the suspension or prohibition takes effect, depending on the case, until approval of the conventional recovery plan provided for in article L. 732-1, until the decision…
The commission or the clerk’s office of the judicial court, as the case may be, shall notify the admissibility decision by registered letter with acknowledgement of receipt, or delivered against receipt, to the enforcement agents and, where applicable, to the chief clerk of the judicial court in charge of the procedure for attachment of remuneration or assignment of remuneration, who shall inform the garnishee or assignee of the decision.
In the event of a property seizure, where the forced sale of a debtor’s property has been ordered and the commission refers the matter to the judge responsible for the property seizure for the purpose of postponing the auction date pursuant to the provisions of Article L. 722-4, the provisions of articles R. 721-7 and R. 721-8 are applicable.
The judge seised by the debtor pursuant to the second paragraph of Article L. 722-5 decides by order.
The letter by which the commission refers the matter to the judge for the purpose of suspending measures to evict the debtor from his home, pursuant to the provisions of article L. 722-6, indicates the surnames, first names and address of the debtor as well as those of the pursuing creditors or, for legal entities, their name and registered office.
The judgment ruling on an application to suspend an expulsion order is subject to appeal.
In enforcement proceedings that are not subject to suspension or prohibition pursuant to the provisions of this chapter, the fees borne by the debtor shall be equal to half of those provided for by the orders mentioned in article R. 444-4 of the French Commercial Code for the same type of acts carried out by bailiffs.
The commission shall inform the creditors by registered letter with acknowledgement of receipt of the statement of liabilities declared by the debtor. This letter reproduces the provisions of the first, second and last sentences of article R. 723-3.
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75001, Paris France
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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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