Seized goods are unavailable. If a legitimate reason makes it necessary to move them, the custodian is required to inform the creditor in advance, indicating the place where they will be placed.
If no property can be seized, the bailiff will draw up a procès-verbal de carence. The same applies if it is clear that the property has no market value.
The bailiff who has seized the assets shall consult the register provided for inarticle R. 521-1 of the French Commercial Code and serve the seizure report within eight days of it being drawn up on the creditors holding a published security interest in the assets.
Before any seizure, if the debtor is present, the bailiff verbally repeats the demand for payment and informs the debtor that he must disclose any assets that may have been subject to a previous seizure.
Under penalty of being declared null and void, the attachment deed shall contain : 1° A reference to the title under which the seizure is carried out; 2° An inventory of the property seized, including a detailed description of the property; 3° If the debtor is present, the debtor’s declaration concerning any previous seizure of the same property; 4° A statement, in very conspicuous lettering, that the seized assets are…
If the debtor is present at the seizure operations, the bailiff shall verbally remind him of the content of the mentions in 4° of article R. 221-16. It also reminds him of the option open to him to proceed with the amicable sale of the seized assets under the conditions prescribed in articles R. 221-30 to R. 221-32. These declarations are mentioned in the deed. A copy of the writ…
If the debtor was not present at the seizure, a copy of the document is served on him, giving him eight days to inform the bailiff of any previous seizures and to provide him with the minutes.
The debtor retains the use of the goods made unavailable by the seizure, unless they are consumable goods. However, the enforcement judge may order, on application, at any time and even before the start of the seizure operations, the handing over of one or more items to a receiver that he or she designates. In addition, if one of the items seized is a motorised land vehicle, it may be…
Cash sums may be seized up to the amount of the distrainor’s claim. They are sequestered in the hands of the bailiff. This is mentioned in the attachment deed, which also states, on pain of nullity, that the debtor has a period of one month from service of the deed to lodge a dispute with the enforcement judge at the place of attachment, which is designated in the deed. In…
On presentation of the summons to pay served on the debtor and on expiry of the period of eight days after its date, provided for in article R. 221-10, the bailiff may seize assets held by a third party on behalf of the debtor. The third party is invited to declare the assets held on behalf of the debtor, including any assets that may have been subject to a previous…
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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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