Based on the information provided by the garnishee, the creditor may limit the effect of the seizure to certain accounts. By agreement between the parties or by decision of the enforcement judge, the unavailability of the accounts may be terminated by the provision of an irrevocable guarantee up to the amount of the sums claimed.
When a seizure is made on a joint account, it is notified to each of the account holders. If the names and addresses of the other account holders are unknown to the bailiff, the bailiff will ask the institution holding the account to inform them immediately of the seizure and the amount of the sums claimed.
If the debtor holds different accounts, payment is made by first drawing on the funds available at sight, unless the debtor requests payment in some other way.
Attachment and assignment of remuneration are governed by articles R. 3252-1 to R. 3252-49 of the French Labour Code.
The provisions of this chapter are applicable to the attachment and assignment of remuneration paid as employers by legal persons governed by public law with a public accountant, subject to the provisions of this section.
The declaration to be made by the garnishee concerning the legal situation existing between itself and the debtor is made by the employing department at the registry of the enforcement judge. Declarations relating to assignments, seizures, administrative seizures by third parties or direct payment of maintenance claims are made by the assigning accountant at the registry of the enforcement judge.
The declaration by the employing department provided for in Article R. 212-3 specifies whether the debtor receives benefits in kind. It indicates their value. A copy of this declaration is sent to the assigning accountant by the employing department.
When the public accounting officer ceases to be the assignee of the seized debt, he shall inform the court registry, which shall acknowledge this fact. At the request of the creditor, the original authorising officer for the expenditure must indicate the debtor’s new administrative status.
Every month, the public accountant shall pay into the “Caisse des dépôts et consignations” account of the registrar of the judicial court or, where applicable, the registrar of one of its local chambers, the amount of the sums corresponding to the deductions made. He shall also send the registry a nominative statement indicating the references of the garnishee, the seizure and the amount deducted. The registry notifies the accounting officer…
The maintenance creditor may instruct any bailiff in his place of residence to serve the request for direct payment on the third party referred to in article L. 213-1. This notification must include the name and address of the debtor, the enforcement order, a breakdown of the sums due and a reminder of the provisions of article L. 213-2, failing which it is null and void. Within the following eight…
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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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