If the property has been apprehended in order to be returned to its owner, a copy of the deed provided for in article R. 222-4 is delivered or notified by registered letter with acknowledgement of receipt to the person obliged, by virtue of the enforcement order, to deliver or return the property.
In the specific case where the asset has been apprehended in order to be remitted to a pledgee, the act of remittance or apprehension is deemed to constitute a seizure in the custody of the creditor and, provided that the creditor has not applied for the judicial allocation of the pledge, the pledged asset is sold by compulsory public auction. Unless the creditor uses the simplified realisation procedure provided for…
Where the property is held by a third party, a summons to surrender the property is served directly on the third party. The summons is served by registered letter with acknowledgement of receipt to the person required to deliver or return the property. Under penalty of nullity, this summons shall contain : 1° A copy of the enforceable title under which the surrender is required and, in the case of…
If no voluntary surrender is made within the time limit set, the distraining creditor may apply to the enforcement judge in the place where the third party holder of the property resides for an order to surrender the property. The execution judge may also be seised by the third party. The summons provided for in article R. 222-7 and any precautionary measures that may have been taken shall lapse if…
The property may be seized only on presentation of the enforcement judge’s decision ordering the property to be handed over to the claimant and a special authorisation issued by the judge on application if it is located in premises used as the third party’s home.
The delivery or apprehension shall be recorded in accordance with the provisions of article R. 222-4. A copy of this document is delivered or notified to the third party by registered letter with acknowledgement of receipt. After removal, the person required to deliver it is informed as stated in articles R. 222-5 or R. 222-6 depending on the case.
In the absence of a writ of execution, an application may be made for an injunction to deliver or return a specific item of movable property. The application is made to the enforcement judge in the place where the debtor resides. Any clause to the contrary is deemed null and void. The court hearing the case must declare of its own motion that it does not have jurisdiction.
On pain of inadmissibility, the request shall contain a description of the property for which surrender is requested, accompanied by any document justifying the request.
An order for delivery or restitution shall be served on the person required to surrender the property. On pain of being declared null and void, service of the order shall contain a summons to have, within a period of fifteen days: 1° Either to transport the designated property at his own expense to a place and under the conditions indicated; 2° Or, if the holder of the property has defences…
In the event of opposition, it is the responsibility of the person requesting the surrender of the property to bring an action before the court having jurisdiction to rule on the delivery or restitution of the property. The application and the injunction, as well as any precautionary measures that may have been taken, lapse if the matter is not referred to the court having jurisdiction within two months of service…
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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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