Article L212-3 of the French Code of civil enforcement procedures
November 8, 2023
Article L. 212-2 does not apply to bonuses granted to military personnel under recruitment laws.
Article L. 212-2 does not apply to bonuses granted to military personnel under recruitment laws.
Any creditor of maintenance may have the amount of such maintenance paid directly to him by third parties who owe him sums of money that are due and payable to him. In particular, he may exercise this right in the hands of any debtor of sums due by way of remuneration, as well as any depositary of funds. An application for direct payment is admissible as soon as a maintenance…
Without further proceedings and in preference to all other creditors, the claim constitutes an assignment to the beneficiary of the sums in question as and when they become due. The third party is required to pay these sums directly to the beneficiary at the times set by the judgment.
Unless otherwise agreed, sums paid to the maintenance creditor are paid to his home or residence.
The direct payment procedure applies to maintenance payments due. It also applies to payments due for the last six months prior to notification of the request for direct payment. These sums are paid in equal instalments over a period of twelve months. By way of derogation from the second and third subparagraphs, when an organisation responsible for family benefits acts on behalf of a maintenance creditor, the direct payment procedure…
The request for direct payment is made through a bailiff. Where a public administration is subrogated to the rights of a maintenance creditor, it may itself make the application for direct payment and avail itself of the provisions of Articles L. 152-1 and L. 152-2. When an organisation that owes family benefits acts on behalf of a maintenance creditor, it may itself make the request for direct payment.
The conditions for the application of this chapter shall be laid down by decree in the Conseil d’Etat.
Any creditor in possession of a writ of execution recording a claim that is due and payable may, after service of a summons, arrange for the seizure and sale of tangible movable property belonging to the debtor, whether or not it is held by the latter. Any creditor meeting the same conditions may join the seizure operations by way of opposition. Where the seizure relates to goods held by a…
Seizure for sale of premises used as the debtor’s dwelling, where the purpose is to recover a debt other than a maintenance debt of less than an amount set by regulation, may only be carried out, unless authorised by the court, if recovery is not possible by seizure of a deposit account or wages.
The forced sale of the assets takes place by public auction after a period of one month from the date of the seizure, during which the debtor may proceed to an amicable sale under the conditions provided for in this article. The debtor against whom a compulsory execution measure is being pursued may, under the conditions laid down by decree of the Conseil d’Etat, voluntarily sell the seized assets in…
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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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