In order to render enforceable an alienation published after the publication of the summons to pay valid as a seizure, the deposit provided for in the second paragraph of Article L. 321-5 shall be served on the pursuing creditor as well as on the registered creditors before the auction hearing, without any time limit being granted for doing so. .
Unless his eviction is ordered, the debtor retains the use of the seized property provided that he does not perform any material act likely to reduce its value, on pain of damages and without prejudice, where applicable, to the penalties provided for inarticle 314-6 of the French Criminal Code. If the circumstances justify it, the execution judge may, at the request of the pursuing creditor or the debtor, authorise the…
The fruits immobilised from the date of service of the summons to pay in the form of a seizure are distributed with the price of the property in the same order as the property is distributed.
The pursuing creditor may authorise the distrainee to sell the fruits out of court or, with the authorisation of the execution judge, may arrange for the fruits to be cut and sold by auction or by any other means within a period set by the judge. The price is deposited in the hands of the receiver appointed by the pursuing creditor or consigned to the Caisse des dépôts et consignations.
The pursuing creditor may, by bailiff’s deed, oppose the tenant’s payment of rent and lease payments to the debtor and require him to pay them into the hands of a receiver appointed by the creditor or to deposit them at the Caisse des dépôts et consignations. In the absence of such opposition, payments made to the debtor are valid and the debtor is the receiver of the sums received.
Service of the summons to pay for the seizure on the third party purchaser shall have the same effect on the third party purchaser as service of the summons to pay for the seizure on the debtor. If the third party purchaser fails to comply with the summons served on him, the seizure of the property and the sale are pursued against him in accordance with the procedures set out…
A summons to pay in the form of a seizure ceases to have effect ipso jure if, within five years of its publication, no mention has been made in the margin of this publication of a judgement recording the sale of the seized property. In the event of refusal to lodge the order for payment or rejection of the publication formality, the five-year period does not begin to run until…
On expiry of the period provided for in article R. 321-20 and until publication of the title deed, any interested party may ask the enforcement judge to declare that the summons has lapsed and to order that this be noted in the margin of the copy of the summons published in the property register.
This period is suspended or extended, depending on the case, by a mention in the margin of the copy of the published summons of a court decision ordering the suspension of enforcement proceedings, the postponement of the sale, the extension of the effects of the summons or the decision ordering the reopening of the auction.
On expiry of a period of eight days from the date of issue of the summons to pay amounting to seizure and in the absence of payment, the bailiff may enter the premises under the conditions set out in article L. 322-2.
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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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