The matter is referred to the court by a request from the bailiff to the court registry, accompanied by a presentation of the deed and a statement of the difficulty that has hindered the enforcement operation and, if applicable, the documents that have been communicated to him.
The bailiff informs the interested parties of the difficulty encountered and the place, date and time of the hearing at which the difficulty will be examined. This information is given either by verbal statement recorded in the minutes, or by registered letter with acknowledgement of receipt. It shall be deemed to constitute a summons to appear. The parties shall be informed of the provisions of articles R. 121-6 to R….
The decision does not have the force of res judicata in the main proceedings.
In order to obtain the information mentioned in articles L. 152-1 and L. 152-2, the bailiff shall refer the matter to the administrations, companies, public establishments or bodies mentioned in these articles or, where applicable, to the services designated by them or to the central service managing the file of bank and similar accounts under the authority of the Ministry of Finance.
If the bailiff is obliged to request the assistance of the police, he will contact the Prefect. The request contains a copy of the enforcement order. It is accompanied by a statement of the steps taken by the bailiff and any enforcement difficulties. Reasons shall be given for any refusal by the competent authority. Failure to reply within two months is equivalent to a refusal. The creditor shall be informed…
The sums referred to in Article L. 161-3 may be recovered by the competent public accountants under the terms and conditions set out in the décret n° 75-1339 du 31 décembre 1975 relatif aux modalités d’application de la loi n° 75-618 du 11 juillet 1975 relative au recouvrement public des pensions alimentaires.
For the application of article L. 162-1, in the event of a reduction in the sums made unavailable, the establishment must provide a statement of all transactions that have affected the accounts since the day of the seizure inclusive. This statement of transactions shall be sent by registered letter with acknowledgement of receipt to the distraining creditor no later than eight days after expiry of the reversal period. Subject to…
No request from the debtor is required where the provisions of article L. 162-2. The garnishee shall immediately notify the debtor that the sum referred to in this article has been made available.
A debtor may only be made available again in the event of a new seizure taking place after the expiry of a period of one month following the seizure that gave rise to the previous making available. During this period, the sum mentioned in article R. 162-2 remains at the debtor’s disposal.
Where the sums that cannot be seized come from claims that fall due periodically, such as remuneration from work, retirement pensions, sums paid by way of family allowances or unemployment benefit, the account holder may, on providing proof of the origin of the sums, request that they be made available immediately, after deduction of transactions that have debited the account since the last payment of the claim that cannot be…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
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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