Where the attachment relates to a claim for a sum of money, the attachment deed renders the sum of money unavailable up to the amount authorised by the court or, where such authorisation is not required, up to the amount for which the attachment is made. The attachment produces the effects of a deposit as provided for inarticle 2350 of the Civil Code.
Where the garnishee is an institution authorised by law to maintain deposit accounts, the documents are sent to it electronically.
If the protective attachment relates to a claim, the creditor, in possession of a writ of execution, may request payment. This request results in the immediate allocation of the seized claim up to the amount of the judgment and the sums for which the garnishee has acknowledged or been declared liable.
Real estate, business assets, shares and securities may be pledged as security.
Assets subject to a court-ordered security interest may still be disposed of. The price is paid and distributed in accordance with the conditions laid down by decree of the Conseil d’Etat. However, in the event of the sale of securities registered in an account held and managed by an authorised intermediary, the price may be used to acquire other securities which are then subrogated to the securities sold.
Judicial sureties are enforceable against third parties from the date of completion of the publication formalities prescribed by decree of the Conseil d’Etat.
Provisional advertising ceases to have effect if, within a period set by decree, it has not been confirmed by definitive advertising.
For the application of Article L. 412-6 In French Guyana, Guadeloupe, Martinique, Reunion Island and Mayotte, the period during which any eviction order is suspended is set by the State representative, with the approval of the General Council, for a period of three and a half months, divided, if necessary, to take into account the particular climatic conditions specific to this community.
This Code is applicable to Mayotte subject to the adaptations set out below.
For the application of In article L. 152-1, the words “des régions, des départements” and the words “les régions, les départements” are replaced respectively by the words “du département de Mayotte” and by the words “le département de Mayotte”.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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