Once the debtor has received the letter or electronic message inviting him to take part in the simplified debt recovery procedure, no payment may be made until the bailiff has established that the procedure has been completed.
The bailiff who drew up the writ of execution cannot be responsible for enforcing the recovery of the debt that is the subject of the writ.
The astreinte takes effect on the date set by the judge, which cannot be earlier than the date on which the decision imposing the obligation becomes enforceable. However, it may take effect from the day it is imposed if it is attached to a decision that is already enforceable.
For the application of article L. 131-3, lack of jurisdiction is raised ex officio by the judge hearing an application for the liquidation of an astreinte. Except where it emanates from a court of appeal, the judge’s decision may be appealed in accordance with the conditions laid down in the Code of Civil Procedure.
No astreinte may be enforced before it has been liquidated. The decision ordering an astreinte that has not yet been liquidated allows a precautionary measure to be taken in respect of a sum provisionally assessed by the judge responsible for liquidation.
The judge’s decision is enforceable by operation of law.
The delivery of the writ of execution to the bailiff is equivalent to a power of attorney for any execution for which no special power of attorney is required. The bailiff shall be given an address for service of process in his office.
Notwithstanding the second paragraph of Article R. 141-1, when a title is handed over for enforcement to one of the agents mentioned in article R. 122-2, notifications relating to its enforcement are made to the accountant responsible for recovery. Note of these provisions shall be made in the summons or formal notice to pay.
The person who has requested a compulsory enforcement measure or a precautionary measure may not be present at the enforcement operations except with the authorisation of the enforcement judge when the circumstances so require.
A debtor whose property has already been seized must inform any new creditor who seizes the same property of the existence of a previous seizure and the identity of the person who carried it out. He shall also produce the act of seizure. The same obligation applies to third parties holding assets on behalf of the debtor. The creditor thus informed shall bring to the attention of the other creditors…
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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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