Notwithstanding Article R. 221-5, for the recovery of claims referred to in I of Article R. 221-7 if, within a period of two years following the summons or formal notice to pay, no legal proceedings whatsoever or partial payment has been made, the seizure-sale may only be initiated on the basis of a new summons or formal notice to pay.
Seizure may be carried out at any place where the movable property belonging to the debtor is located, even if it is held by a third party.
Seizure operations may not commence until eight days have elapsed from service of the summons to pay.
Where a judge’s authorisation is required to proceed with the seizure, the bailiff shall bring it to the attention of the debtor or the holder, as the case may be; the authorisation shall be appended to the seizure report.
Where appropriate, the bailiff may take photographs of the items seized. These photographs are kept by the bailiff for the purpose of verifying the seized goods. They may only be disclosed when a dispute is brought before the judge.
Seized goods are unavailable. If a legitimate reason makes it necessary to move them, the custodian is required to inform the creditor in advance, indicating the place where they will be placed.
If no property can be seized, the bailiff will draw up a procès-verbal de carence. The same applies if it is clear that the property has no market value.
The bailiff who has seized the assets shall consult the register provided for inarticle R. 521-1 of the French Commercial Code and serve the seizure report within eight days of it being drawn up on the creditors holding a published security interest in the assets.
Before any seizure, if the debtor is present, the bailiff verbally repeats the demand for payment and informs the debtor that he must disclose any assets that may have been subject to a previous seizure.
Under penalty of being declared null and void, the attachment deed shall contain : 1° A reference to the title under which the seizure is carried out; 2° An inventory of the property seized, including a detailed description of the property; 3° If the debtor is present, the debtor’s declaration concerning any previous seizure of the same property; 4° A statement, in very conspicuous lettering, that the seized assets are…
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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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