The nullity of acts of the real estate seizure procedure is governed by Section IV of Chapter II of Title V of Book I of the Code of Civil Procedure.
The time limits set out in articles R. 321-1, R. 321-6, R. 322-6, R. 322-10 and R. 322-31 , as well as the two- and three-month time limits set out in article R. 322-4, are prescribed, failing which the summons to pay will lapse. Any interested party may ask the enforcement judge to declare that the summons has lapsed and to order, where necessary, that this be noted in the…
Pursuant to article L. 321-1, the enforcement procedure is initiated by the service on the debtor or the third party holder of a summons to pay valid as a seizure at the request of the pursuing creditor.
Where the seizure relates to properties located in the jurisdiction of several land registries, a summons to pay shall be issued for each jurisdiction.
In addition to the particulars prescribed for bailiff’s documents, the summons to pay valid as a seizure shall include : 1° A statement that the pursuing creditor is a solicitor, which implies election of domicile; 2° An indication of the date and nature of the enforcement order under which the summons is issued; 3° A statement of the sums claimed in principal, costs and accrued interest, together with an indication…
The seizure of the property by creditors with a right of resale is pursued against the third party purchaser of the property.
The pursuing creditor shall serve a summons to pay on the principal debtor. The document shall state that the summons to pay valid as a seizure provided for in the following paragraph shall be issued to the third party purchaser. The summons to pay valid as a seizure is served at the request of the pursuing creditor on the third party purchaser. It includes the information listed in article R….
The summons to pay is published in the property register within two months of being served.
Publication formalities are governed by decree no. 55-22 of 4 January 1955 reforming land registration and decree no. 55-1350 of 14 October 1955 implementing this decree. When the execution of the publication formality has been delayed due to a rejection notified by the land registry service, the two-month period provided for in article R. 321-6 is increased by the number of days elapsed between the filing of the order with…
If the publication of several orders for seizure of the same property is required simultaneously, only the order which mentions the enforcement title bearing the earliest date shall be published. Where the titles bear the same date, only the oldest summons is published; if the summonses are of the same date, only the one with the highest principal claim is published.
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is a Registered Trademark of
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75001, Paris France
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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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