Upon presentation of the judge’s authorisation or one of the titles mentioned in article L. 511-2, the seizure shall be carried out at any place and in the hands of any holder of the property. If the seizure is carried out in premises used as a dwelling by a third party holding the property, special authorisation from the judge is required.
After reminding the holder of the property that he is obliged to inform him whether the property has been subject to a previous seizure and, if so, to provide him with the minutes of such seizure, the bailiff draws up a seizure deed. Under penalty of nullity, the seizure deed shall contain : 1° A mention of the judge’s authorisation or the title by virtue of which the seizure is…
The seizure deed is given to the holder with a verbal reminder of the information set out in 4° and 5° of Article R. 222-21. This is mentioned in the deed. On pain of lapsing, if the seizure has been carried out in the hands of a third party holder of the property, the document is also served within a period of eight days at the latest to the person…
At any time, the enforcement judge may authorise, on request, the delivery of the property to a receiver appointed by the judge.
If the holder claims a right of his own to the seized property, he shall inform the bailiff of this by registered letter with acknowledgement of receipt, unless he made a declaration to this effect at the time of the seizure. Within one month, it is up to the distrainor to bring the dispute before the enforcement judge in the place where the holder lives. Failing this, the unavailability ceases….
Where the person who has carried out a seizure and sale has an enforcement order prescribing the delivery or restitution of the seized property, the procedure shall be as set out in Articles R. 222-2 to R. 222-10, subject to the provisions of the second and third paragraphs of Article R. 222-16.
The administrative authority shall provide the court commissioner who so requests with the details entered in the register provided for in Article 1 of Decree no. 2023-97 of 14 February 2023 relating to the registration of a pledge over a registered land motor vehicle or trailer, as well as any information relating to the debtor’s rights over this vehicle.
The declaration of seizure provided for in article L. 223-1 shall contain the following information, failing which it shall be null and void: 1° The name and address of the debtor or, in the case of a legal entity, its name and registered office; 2° The registration number and make of the vehicle seized; 3° A reference to the enforcement order relied upon by the creditor. This declaration is served…
A copy of this declaration shall be served on the debtor within the following eight days, failing which it shall lapse. The notice of service reproduces the provisions of article R. 223-4 and contains a separate breakdown of the sums claimed, in principal, costs and accrued interest. It states in very clear characters that disputes must be brought before the enforcement judge in the debtor’s place of residence.
As from the date of service of the declaration of seizure of the vehicle and opposition to the transfer of the registration certificate, no registration certificate may be issued to a new holder unless the creditor releases the vehicle or the court orders otherwise. The declaration ceases to have effect two years after it is served, unless renewed in the same way as the initial 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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