Article R121-21 of the French Code of civil enforcement procedures
November 8, 2023
The time limit for appeal and the appeal itself have no suspensive effect.
The time limit for appeal and the appeal itself have no suspensive effect.
In the event of an appeal, an application may be made to the First President of the Court of Appeal for a stay of execution of decisions taken by the enforcement judge. The application is made by means of a summary proceedings summons delivered to the opposing party and notified, where applicable, to the third party in whose hands the seizure has been carried out. The application for a stay…
The enforcement judge shall rule by order on a petition in the cases specified by law or when circumstances require that an urgent measure not be taken in adversarial proceedings. The application shall be delivered or sent to the registry by the applicant or by his agent appointed in accordance with the provisions of articles L. 121-4 and L. 122-2. The decision to revoke an order on application does not…
In all cases where, in order to carry out the operation for which he is responsible, the judicial officer must obtain the judge’s authorisation, he is entitled to refer the matter to the judge by means of a petition.
A judicial officer who intends to refuse to lend his ministry or assistance pursuant to Article L. 122-1 may, if it considers it necessary, refer the matter to the enforcement judge beforehand.
In addition to bailiffs, the persons responsible for the enforcement measures and precautionary measures necessary for the recovery of debts by public accountants are the agents of the Directorate General of Public Finances responsible for carrying out the legal proceedings necessary for the recovery of public debts under the conditions set out in Articles L. 258 A and L. 286 C of the Book of Tax Procedures.
Unless otherwise provided, when an enforcement measure or a precautionary measure is taken against a third party on the basis of a judgment, only the operative part of the judgment is brought to the third party’s attention.
The provisions of this chapter apply to natural or legal persons who, on a regular or occasional basis, even on an ancillary basis, undertake the amicable recovery of debts on behalf of others, with the exception of those who do so by virtue of their professional status or within the framework of the regulations governing their profession.
The persons referred to in article R. 124-1 must provide evidence that they have taken out an insurance policy covering them against the financial consequences of any professional civil liability they may incur as a result of their activity. They must also prove that they hold an account with one of the credit institutions referred to inarticle L. 511-9 of the Monetary and Financial Code or one of the institutions…
The person responsible for the out-of-court recovery of debts may only proceed with such recovery after concluding a written agreement with the creditor in which he is given authority to collect on the creditor’s behalf. This agreement specifies in particular: 1° The basis and amount of the sums due, with a separate indication of the various elements of the debt or debts to be recovered from the debtor; 2° The…
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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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