The description report includes: 1° A description of the premises, their composition and surface area; 2° An indication of the occupancy conditions and the identity of the occupants, as well as any rights they may have; 3° Where applicable, the name and address of the co-ownership manager; 4° Any other useful information about the property provided, in particular, by the occupant.
The bailiff may use any appropriate means to describe the premises and may be assisted by any qualified professional if necessary.
Within two months of publication in the property register of the summons to pay (commandement de payer valant saisie), the pursuing creditor summons the distrainee debtor to appear before the enforcement judge at an orientation hearing. The summons is issued between one and three months before the date of the hearing.
In addition to the information required byarticle 56 of the code of civil procedure, the summons shall include, on pain of nullity : 1° An indication of the place, date and time of the orientation hearing of the enforcement judge; 2° An indication that the purpose of the orientation hearing is to examine the validity of the seizure, to rule on any disputes and incidental claims relating to the seizure…
No later than the fifth working day following delivery of the summons to the debtor, the summons to pay in the form of a seizure is notified to the creditors registered on the day of publication of the summons. This notification is equivalent to a summons to appear at the orientation hearing.
In addition to the information provided for inArticle 56 of the Code of Civil Procedure, the notice shall include, on pain of nullity : 1° An indication of the place, date and time of the orientation hearing; 2° A summons to acquaint oneself with the schedule of conditions of sale, which may be consulted at the registry of the enforcement judge, where it is deposited no later than the fifth…
Notice to registered creditors may be given at the elected domicile indicated on the registration forms. It may be made to the heirs collectively, without designation of their respective names and capacities, at their elected domicile or, failing that, at the domicile of the deceased.
Mention of the issue of the summons and the notices is made in the margin of the copy of the summons to pay for the seizure published in the real estate register within eight days of the last summons being served. From the date of this entry, the registration of the summons may only be cancelled with the consent of all registered creditors or by virtue of a judgment enforceable…
At the latest on the fifth working day following the summons delivered to the distrainee debtor, the pursuing creditor deposits at the registry of the execution judge a schedule of conditions of sale containing a description of the property and the terms of the sale. A copy of the summons issued to the debtor and a certified mortgage statement as at the date of publication of the summons to pay…
The terms and conditions of sale are drawn up under the responsibility of the pursuing creditor. It may be consulted at the registry of the execution judge or at the office of the pursuing creditor’s lawyer. Subject to the provisions of article L. 322-6 relating to the amount of the upset price, the stipulations of the conditions of sale may be contested by any interested party.
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is a Registered Trademark of
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75001, Paris France
RCS Paris n°814433470
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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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