A third party who claims to be the owner of a seized asset may ask the enforcement judge to order its segregation. On pain of inadmissibility, the application must specify the elements on which the claimed right of ownership is based. The distraining creditor calls the opposing creditors into question. The distrainee debtor is heard or called.
The action for diversion ceases to be admissible after the sale of the seized property; only the action for revendication may then be brought. However, a third party who is recognised as the owner of property that has already been sold may divert the price thereof, without deduction of costs, until the sums generated by the sale have been distributed.
Disputes concerning the seizability of the assets included in the seizure are brought before the enforcement judge by the debtor or by the bailiff acting as in matters of enforcement difficulties. Where the debtor invokes unseizability, proceedings are brought within one month of service of the writ of seizure. The creditor is heard or summoned.
The debtor may apply to have the seizure declared null and void on the grounds of a formal or substantive defect other than the unseizability of the assets included in the seizure, up until the sale of the seized assets. The seizing creditor brings the opposing creditors into question. If the seizure is declared null and void after the sale but before distribution of the price, the debtor may request…
The judge who annuls the seizure may leave the debtor to bear all or part of the costs incurred if the debtor failed to apply for annulment in good time.
An application for a declaration of nullity does not suspend the seizure unless the court orders otherwise.
Standing crops belonging to the debtor may be seized in the six weeks preceding the usual ripening period.
On pain of nullity, the seizure report shall be drawn up in accordance with the provisions of article R. 221-16, with the exception, however, of the particulars set out in 2° of this article, which are replaced by a description of the land on which the crops are located, with its size, location and an indication of the nature of the fruit.
The crops are placed under the responsibility of the debtor as custodian. However, at the request of the distraining creditor, the execution judge may appoint a manager to the farm, with the debtor being heard or summoned.
The sale is announced by posters posted at the town hall and at the market nearest to the place where the crops are located. The notices shall state the date, time and place of the sale and indicate the plot of land where the crops are located, its size and the nature of the fruit. The bailiff will certify that this has been done.
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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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