The third party may refuse custody of the seized assets. They may ask to be relieved of custody at any time. The bailiff appoints a custodian and removes the goods.
Subject to any right of use that the third party may have over the seized property, the execution judge may order, on application, at any time and even before the start of the seizure operations, the handing over of one or more objects to a receiver designated by the judge. If one of the items seized is a land motor vehicle, it may, subject to the same proviso, be immobilised…
If the third party asserts a right of retention on the seized property, he must inform the bailiff of this by registered letter with acknowledgement of receipt, unless he made the declaration at the time of the seizure. Within one month, the seizing creditor may contest the right of retention before the enforcement judge of the place where the third party lives. The property remains unavailable during the proceedings. If…
The debtor has one month from notification of the seizure to sell the seized assets himself. The seized assets remain unavailable under the responsibility of the custodian. Under no circumstances may they be moved before the price has been paid.
The information provided for in the third paragraph of Article L. 221-3 shall be in writing and shall include the name and address of the prospective purchaser and the period within which the purchaser must offer to pay the proposed price. The bailiff communicates this information to the distraining creditor and opposing creditors by registered letter with acknowledgement of receipt. He shall also communicate them to the creditors holding a…
The price of the sale is paid into the hands of the distraining creditor’s bailiff, who issues a receipt to which is attached an extract of the entries in the register referred to in article R. 521-1 of the French Commercial Code, which has been lifted in accordance with article R. 221-14-1. The transfer of ownership and the delivery of the goods are subject to payment of the price. On…
The sale is carried out by public auction either at the place where the seized objects are located, or in an auction room or any other place open to the public whose geographical location is the most appropriate for soliciting competition at the lowest cost. The choice is made by the creditor, subject to the conditions set out inarticle 3 of the Order of 26 June 1816 establishing the judicial…
The sale is advertised by posters indicating the place, day and time of the sale and the nature of the assets seized. The posters shall be affixed at the town hall of the municipality in which the distrainee debtor resides and at the place of sale. This compulsory publicity is carried out on expiry of the period provided for in the last paragraph of article R. 221-31 and at least…
The debtor is notified by the bailiff of the place, day and time of the sale, at least eight days before its date, by simple letter or by any appropriate means. This is mentioned in the certificate provided for in Article R. 221-34.
Prior to the sale, the ministerial officer in charge of the sale verifies the consistency and nature of the seized property. A record of this is drawn up. Only items that are missing or have been damaged are mentioned. The provisions of article R. 221-12 are applicable.
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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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