The provisions of this Code shall apply to attachments and assignments notified to public accountants, subject to the provisions of this chapter.
Any act of attachment in the hands of a public accountant shall contain, on pain of nullity, a description of the claim attached.
Subject to the provisions of article 6-1 of decree no. 93-977 of 31 July 1993 relating to seizures and assignments notified to public accountants and postal cheque centres or the Caisse Nationale d’Épargne, any act of seizure shall, on pain of nullity, be served on the public accountant assigning the expenditure.
The public accountant referred to in the previous article shall endorse the original of the deed.
If the bailiff responsible for enforcing an enforceable title encounters a difficulty that hinders the course of his operations, he shall draw up a report and may, on his own initiative, refer the matter to the enforcement judge. The rules of ordinary procedure are applicable subject to the following provisions.
The matter is referred to the court by a request from the bailiff to the court registry, accompanied by a presentation of the deed and a statement of the difficulty that has hindered the enforcement operation and, if applicable, the documents that have been communicated to him.
The bailiff informs the interested parties of the difficulty encountered and the place, date and time of the hearing at which the difficulty will be examined. This information is given either by verbal statement recorded in the minutes, or by registered letter with acknowledgement of receipt. It shall be deemed to constitute a summons to appear. The parties shall be informed of the provisions of articles R. 121-6 to R….
The decision does not have the force of res judicata in the main proceedings.
In order to obtain the information mentioned in articles L. 152-1 and L. 152-2, the bailiff shall refer the matter to the administrations, companies, public establishments or bodies mentioned in these articles or, where applicable, to the services designated by them or to the central service managing the file of bank and similar accounts under the authority of the Ministry of Finance.
If the bailiff is obliged to request the assistance of the police, he will contact the Prefect. The request contains a copy of the enforcement order. It is accompanied by a statement of the steps taken by the bailiff and any enforcement difficulties. Reasons shall be given for any refusal by the competent authority. Failure to reply within two months is equivalent to a refusal. The creditor shall be informed…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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