When the sums that cannot be seized come from a debt that does not fall due periodically, the account holder may, upon providing proof of the origin of the sums, request that the amount thereof be made available to him, after deduction of any sums debited to the account since the day on which the debt was entered in the account. The funds may not be made available before the…
The application to make unseizable sums available is made before the seizing creditor has requested payment of the seized sums.
Sums of a maintenance nature made available to the account holder pursuant to articles R. 162-2 and R. 213-10 are deducted from the amount of unseizable claims whose payment may subsequently be requested by the account holder pursuant to articles R. 162-4 and R. 162-5, or obtained by the latter pursuant to article R. 112-4.
Without prejudice to any criminal penalties that may be incurred, an account holder who is provided with a sum greater than that to which he is entitled pursuant to the articles of this chapter shall return to the creditor the sums wrongly received or made available to him. If the account holder is at fault, he may also be ordered to pay damages at the request of the creditor.
Where an account, even a joint one, funded by the earnings and salaries of a spouse with joint property is the subject of a compulsory execution measure or a precautionary seizure for the payment or guarantee of a claim arising from the spouse, a sum equivalent to the amount of earnings and salaries paid during the month preceding the seizure or to the average monthly amount of earnings and salaries…
The creditor proceeds with the seizure by a bailiff’s deed served on the third party. Under penalty of nullity, this deed shall contain 1° An indication of the name and domicile of the debtor or, in the case of a legal entity, its name and registered office; 2° An indication of the writ of execution by virtue of which the seizure is made; 3° A separate statement of the sums…
Within the period provided for in the first paragraph of article R. 211-11, any interested party may request that the sums seized be paid into the hands of a receiver appointed, in the absence of an amicable agreement, by the enforcement judge hearing the case. The remittance of the funds to the receiver stops the interest due by the garnishee.
On pain of nullity, the seizure is notified to the debtor by a bailiff’s deed within eight days. Under penalty of nullity, this act shall contain 1° A copy of the seizure report and a reproduction of the information provided by the garnishee if the document was served electronically; 2° In very clear lettering, a statement that disputes must be raised, on pain of inadmissibility, within one month of service…
The garnishee must immediately provide the bailiff with the information set out in Article L. 211-3 and provide him with the supporting documents. This is mentioned in the attachment deed. By way of derogation from the first paragraph, when the seizure is carried out in the hands of a public accountant or the Caisse des dépôts et consignations, the latter has a period of twenty-four hours to provide the bailiff…
A garnishee who, without legitimate reason, fails to provide the information required shall be ordered, at the creditor’s request, to pay the sums due to the creditor, without prejudice to the creditor’s right of recourse against the debtor. The third party may be ordered to pay damages in the event of culpable negligence or inaccurate or untruthful declaration.
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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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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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