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. 721-7 or those of article L. 722-4, it shall send the request by registered letter with acknowledgement of receipt or by hand-delivery with…
The judgment ruling on the postponement of the auction date is notified by registered letter with acknowledgement of receipt by the registry of the judge in charge of the property seizure to the debtor as well as to the pursuing creditor and the registered creditors. The commission is notified by simple letter.The notification indicates that this judgement is not subject to appeal or opposition.
The commission examines the admissibility of the application and issues a reasoned decision. The decision on admissibility is notified to the debtor, the creditors, the payment institutions and the credit institutions holding the depositor’s accounts by registered letter with acknowledgement of receipt.
The commission’s decision on the admissibility of the case may be appealed to the judge in charge of protection disputes.
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.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
