Article R512-3 of the French Code of civil enforcement procedures
November 8, 2023
Other disputes are referred to the enforcement judge in the place where the measure is implemented.
Other disputes are referred to the enforcement judge in the place where the measure is implemented.
Upon presentation, as the case may be, of the judge’s authorisation or of the title under which the law permits a protective measure, a seizure may be carried out on tangible or intangible movable property belonging to the debtor, even if it is held by a third party or if it has previously been subject to a protective seizure.
After reminding the debtor that he is required to indicate any assets that may have been subject to a previous seizure and to provide him with a record of the seizure, the bailiff draws up a seizure deed. Under penalty of nullity, this deed shall contain 1° A mention of the judge’s authorisation or of the title by virtue of which the seizure is carried out; these documents are attached…
If the debtor is present at the seizure operations, the bailiff shall verbally remind him of the content of the mentions in 4° and 5° of Article R. 522-1. A copy of the writ of seizure bearing the same signatures as the original is immediately handed over to him; this handing over is equivalent to service.
If the debtor was not present at the seizure, a copy of the document is served on him, giving him eight days to inform the bailiff of any previous seizures and to provide him with the minutes.
The provisions of articles R. 221-14 and R. 221-19 are applicable to the precautionary seizure of tangible movables.
If the protective attachment is carried out in the hands of a third party, it shall be carried out as set out in Articles R. 221-21 to R. 221-29, except as regards the first paragraph of Article R. 221-21 and Article R. 221-26 which are not applicable. The writ of attachment is served on the debtor within eight days, failing which it lapses. It shall also contain, under penalty of…
Incidents relating to the execution of the seizure shall be subject, where necessary, to the provisions of articles R. 221-49 to R. 221-56.
A creditor who obtains a writ of execution recording the existence of his claim shall serve on the debtor a conversion deed containing, on pain of nullity : 1° A reference to the report of the protective attachment; 2° A statement of the writ of execution; 3° A separate statement of the sums to be paid in principal, costs and accrued interest, together with an indication of the interest rate;…
At the end of a period of eight days from the date of the conversion deed, the bailiff will check the seized assets. A record is drawn up of the missing or damaged property. This deed contains the indication, in very visible characters, that the debtor has a period of one month to proceed with the amicable sale of the seized property under the conditions prescribed in articles R. 221-30…
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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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