The period within which a registered creditor who has been notified of a summons to pay equivalent to a seizure must declare his claim is two months from the date of notification. However, a creditor who can prove that his default is not due to his own fault may ask to be authorised to declare his claim after the time limit has expired. The judge shall rule by order upon…
Creditors who have registered their security interest in the property after publication of the summons to pay serving as a seizure order but before publication of the sale, intervene in the proceedings by declaring their claim, based on the principal, costs and interest accrued to the date of the declaration. On pain of inadmissibility, the declaration is made by a lawyer’s deed filed at the registry of the enforcement judge…
The pursuing creditor shall be provided by the registry with a copy of the claims produced with a view to drawing up the draft distribution provided for in Article R. 332-3.
At the orientation hearing, the enforcement judge, after hearing the parties present or represented, verifies that the conditions of articles L. 311-2, L. 311-4 and L. 311-6 have been met, rules on any disputes and incidental claims and determines how the proceedings are to be pursued, by authorising an out-of-court sale at the request of the debtor or ordering a forced sale. When authorising an out-of-court sale, the judge ensures…
An application to suspend the property seizure procedure on the grounds that the debtor is over-indebted is made in accordance with the provisions of article L. 721-4 of the French Consumer Code, under the conditions set out in article R. 721-5 of this code.
The debtor’s request for authorisation of the amicable sale of the property, as well as the deeds resulting from this sale, do not require the assistance of a lawyer. This request may be made orally at the orientation hearing.
The referral judgement shall state the amount of the debt owed to the debtor in principal, costs, interest and other incidental expenses.
An appeal against a decision on a referral is lodged, investigated and judged according to the fixed day procedure without the appellant having to invoke a peril in his application. Where the appeal is lodged against a judgment ordering the sale by auction, the court shall rule no later than one month before the date set for the auction. Failing this, the enforcement judge may, at the request of the…
An application for the amicable sale of the property may be submitted and judged before service of the summons to appear at the orientation hearing, provided that the debtor brings into question the creditors registered on the property. The decision granting the application suspends the course of the enforcement proceedings, with the exception of the period allowed for registered creditors to declare their claims.
The enforcement judge who authorises the out-of-court sale sets the amount of the price below which the property may not be sold, taking into account the economic conditions of the market and, where applicable, the specific conditions of the sale. The judge charges the costs of the proceedings at the request of the pursuing creditor. He sets the date of the hearing at which the case will be recalled within…
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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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