Article R522-4 of the French Code of civil enforcement procedures
November 8, 2023
The provisions of articles R. 221-14 and R. 221-19 are applicable to the precautionary seizure of tangible movables.
The provisions of articles R. 221-14 and R. 221-19 are applicable to the precautionary seizure of tangible movables.
If the protective attachment is carried out in the hands of a third party, it shall be carried out as set out in Articles R. 221-21 to R. 221-29, except as regards the first paragraph of Article R. 221-21 and Article R. 221-26 which are not applicable. The writ of attachment is served on the debtor within eight days, failing which it lapses. It shall also contain, under penalty of…
Incidents relating to the execution of the seizure shall be subject, where necessary, to the provisions of articles R. 221-49 to R. 221-56.
A creditor who obtains a writ of execution recording the existence of his claim shall serve on the debtor a conversion deed containing, on pain of nullity : 1° A reference to the report of the protective attachment; 2° A statement of the writ of execution; 3° A separate statement of the sums to be paid in principal, costs and accrued interest, together with an indication of the interest rate;…
At the end of a period of eight days from the date of the conversion deed, the bailiff will check the seized assets. A record is drawn up of the missing or damaged property. This deed contains the indication, in very visible characters, that the debtor has a period of one month to proceed with the amicable sale of the seized property under the conditions prescribed in articles R. 221-30…
If the assets can no longer be found in the place where they were seized, the bailiff orders the debtor to inform him within eight days of their whereabouts and, if they have been seized for sale, to inform him of the name and address either of the bailiff who carried out the seizure or of the creditor on whose behalf it was carried out. If no reply is received,…
In the absence of an amicable sale within the stipulated period, a forced sale of the seized property shall be carried out under the conditions prescribed in articles R. 221-33 to R. 221-39.
A bailiff who carries out a precautionary seizure on assets made unavailable by one or more previous precautionary seizures shall serve a copy of the seizure report on each of the creditors whose actions preceded his own.
If the assets seized as a precautionary measure are subsequently sold, the bailiff serves the seizure report on the creditors who previously carried out the precautionary seizures. Similarly, the document converting a precautionary seizure into an attachment for sale is served on the creditors who, prior to this conversion, seized the same assets on a precautionary basis.
If the debtor presents proposals for amicable sale, the distraining creditor who accepts them shall communicate the content thereof, by registered letter with acknowledgement of receipt, to the creditors who have seized the same property as a protective measure, either before the act of seizure or before the act of conversion, as the case may be. Under penalty of nullity, the letter shall reproduce, in very clear characters, the three…
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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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