Service of the summons to pay for the seizure on the third party purchaser shall have the same effect on the third party purchaser as service of the summons to pay for the seizure on the debtor. If the third party purchaser fails to comply with the summons served on him, the seizure of the property and the sale are pursued against him in accordance with the procedures set out…
A summons to pay in the form of a seizure ceases to have effect ipso jure if, within five years of its publication, no mention has been made in the margin of this publication of a judgement recording the sale of the seized property. In the event of refusal to lodge the order for payment or rejection of the publication formality, the five-year period does not begin to run until…
On expiry of the period provided for in article R. 321-20 and until publication of the title deed, any interested party may ask the enforcement judge to declare that the summons has lapsed and to order that this be noted in the margin of the copy of the summons published in the property register.
This period is suspended or extended, depending on the case, by a mention in the margin of the copy of the published summons of a court decision ordering the suspension of enforcement proceedings, the postponement of the sale, the extension of the effects of the summons or the decision ordering the reopening of the auction.
On expiry of a period of eight days from the date of issue of the summons to pay amounting to seizure and in the absence of payment, the bailiff may enter the premises under the conditions set out in article L. 322-2.
The description report includes: 1° A description of the premises, their composition and surface area; 2° An indication of the occupancy conditions and the identity of the occupants, as well as any rights they may have; 3° Where applicable, the name and address of the co-ownership manager; 4° Any other useful information about the property provided, in particular, by the occupant.
The bailiff may use any appropriate means to describe the premises and may be assisted by any qualified professional if necessary.
Within two months of publication in the property register of the summons to pay (commandement de payer valant saisie), the pursuing creditor summons the distrainee debtor to appear before the enforcement judge at an orientation hearing. The summons is issued between one and three months before the date of the hearing.
In addition to the information required byarticle 56 of the code of civil procedure, the summons shall include, on pain of nullity : 1° An indication of the place, date and time of the orientation hearing of the enforcement judge; 2° An indication that the purpose of the orientation hearing is to examine the validity of the seizure, to rule on any disputes and incidental claims relating to the seizure…
No later than the fifth working day following delivery of the summons to the debtor, the summons to pay in the form of a seizure is notified to the creditors registered on the day of publication of the summons. This notification is equivalent to a summons to appear at the orientation hearing.
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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
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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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