When an account is credited with the amount of a claim that cannot be seized in whole or in part, the amount of the claim that cannot be seized is transferred to the balance of the account. Unseizable claims are made available to the account holder by the garnishee under the conditions set out in articles R. 213-10 and R. 162-7 as well as Chapter II of Title VI of…
In matters of jurisdiction, any court other than the enforcement judge must declare of its own motion that it does not have jurisdiction. The enforcement judge may neither modify the terms of the court decision on which the proceedings are based, nor suspend its enforcement. However, after service of the summons or seizure deed or from the date of the hearing provided for in article R. 3252-17 of the Labour…
Unless otherwise provided, the enforcement judge with territorial jurisdiction, at the choice of the applicant, is that of the place where the debtor resides or that of the place where the measure is enforced. Where a claim has been brought before one of these courts, it may not be brought before the other. If the debtor lives abroad or if his place of residence is unknown, the competent court is…
The jurisdictional rules set out in this Code are a matter of public policy.
Unless otherwise provided, the common provisions of Book I of the Code of Civil Procedure apply to civil enforcement proceedings before the execution judge, with the exception of articles 481-1 and 484 to 492.
The amount provided for in the third paragraph of Article L. 121-4 is set at 10,000 euros.
Where representation by a lawyer is not compulsory, the parties shall defend themselves. They may be assisted or represented by:1° A lawyer;2° Their spouse;3° Their partner or the person with whom they have entered into a civil solidarity pact;4° Their parents or relatives in the direct line;5° Their parents or relatives in the collateral line up to and including the third degree;6° Persons employed exclusively in their personal service or…
The procedure is oral.
The judge may, in accordance with the second paragraph of article 446-1 of the Code of Civil Procedure , exempt a party who so requests from attending a subsequent hearing. In this case, the judge shall arrange for exchanges between the parties. Communication between the parties shall be made by registered letter with acknowledgement of receipt or by notification between lawyers, and evidence of this shall be provided to the…
During the course of the proceedings, any party may also present its case by letter addressed to the enforcement judge, provided that it can prove that the opposing party was aware of it before the hearing by registered letter with acknowledgement of receipt. A party who makes use of this option may not appear at the hearing, in accordance with the second paragraph of article 446-1 of the Code of…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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