If the request is not granted, an appeal may be lodged. The time limit for lodging an appeal is fifteen days. The appeal is lodged, investigated and judged as in non-contentious matters. If the application is granted, any interested party may refer the matter to the judge who made the order, who may amend or withdraw the order.
All movable or immovable, tangible or intangible assets belonging to the debtor may be the subject of a compulsory execution measure or a protective measure, except in cases where the law prescribes or allows their unseizability.
For the application of 5° of Article L. 112-2, are exempt from seizure as being necessary for the life and work of the distrainee debtor and his family: 1° Clothing; 2° Bedding; 3° Household linen; 4° Objects and products necessary for personal care and maintenance of the premises; 5° Foodstuffs; 6° Household objects necessary for the preservation, preparation and consumption of food; 7° Heating appliances; 8° A table and chairs…
The goods listed in article R. 112-2 may not be seized for any claim, except for payment of sums due to their manufacturer or seller or to the person who lent money to purchase, manufacture or repair them.
For the application of 3° of Article L. 112-2, a debtor who claims that sums received by him are of a maintenance nature may refer the matter to the enforcement judge for a determination of whether and to what extent these sums are of a maintenance nature. To this end, and where necessary, the judge shall apply the scale provided for in articles R. 3252-2 et R. 3252-3 du code…
When an account is credited with the amount of a claim that cannot be seized in whole or in part, the amount of the claim that cannot be seized is transferred to the balance of the account. Unseizable claims are made available to the account holder by the garnishee under the conditions set out in articles R. 213-10 and R. 162-7 as well as Chapter II of Title VI of…
In matters of jurisdiction, any court other than the enforcement judge must declare of its own motion that it does not have jurisdiction. The enforcement judge may neither modify the terms of the court decision on which the proceedings are based, nor suspend its enforcement. However, after service of the summons or seizure deed or from the date of the hearing provided for in article R. 3252-17 of the Labour…
Unless otherwise provided, the enforcement judge with territorial jurisdiction, at the choice of the applicant, is that of the place where the debtor resides or that of the place where the measure is enforced. Where a claim has been brought before one of these courts, it may not be brought before the other. If the debtor lives abroad or if his place of residence is unknown, the competent court is…
The jurisdictional rules set out in this Code are a matter of public policy.
Unless otherwise provided, the common provisions of Book I of the Code of Civil Procedure apply to civil enforcement proceedings before the execution judge, with the exception of articles 481-1 and 484 to 492.
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is a Registered Trademark of
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182, rue de Rivoli
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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