The creditor proceeds with the seizure by a bailiff’s deed served on the third party. Under penalty of nullity, this deed shall contain 1° An indication of the name and domicile of the debtor or, in the case of a legal entity, its name and registered office; 2° An indication of the writ of execution by virtue of which the seizure is made; 3° A separate statement of the sums…
Within the period provided for in the first paragraph of article R. 211-11, any interested party may request that the sums seized be paid into the hands of a receiver appointed, in the absence of an amicable agreement, by the enforcement judge hearing the case. The remittance of the funds to the receiver stops the interest due by the garnishee.
On pain of nullity, the seizure is notified to the debtor by a bailiff’s deed within eight days. Under penalty of nullity, this act shall contain 1° A copy of the seizure report and a reproduction of the information provided by the garnishee if the document was served electronically; 2° In very clear lettering, a statement that disputes must be raised, on pain of inadmissibility, within one month of service…
The garnishee must immediately provide the bailiff with the information set out in Article L. 211-3 and provide him with the supporting documents. This is mentioned in the attachment deed. By way of derogation from the first paragraph, when the seizure is carried out in the hands of a public accountant or the Caisse des dépôts et consignations, the latter has a period of twenty-four hours to provide the bailiff…
A garnishee who, without legitimate reason, fails to provide the information required shall be ordered, at the creditor’s request, to pay the sums due to the creditor, without prejudice to the creditor’s right of recourse against the debtor. The third party may be ordered to pay damages in the event of culpable negligence or inaccurate or untruthful declaration.
The garnishee makes payment on presentation of a certificate issued by the court registry or drawn up by the bailiff who carried out the seizure, stating that no dispute has been lodged within one month of notification of the seizure. Payment may be made before the expiry of this period if the debtor has declared that he is not contesting the seizure. This declaration is recorded in writing.
The person who has received the payment gives a receipt to the garnishee and informs the debtor. Within the limit of the sums paid, this payment extinguishes the debtor’s obligation and that of the garnishee.
A distraining creditor who has not been paid by the garnishee retains his rights against the debtor. However, if such non-payment is attributable to the negligence of the creditor, the latter loses his rights to the extent of the sums owed by the garnishee.
If the garnishee refuses to pay the sums it has acknowledged it owes or has been found to owe, the dispute is referred to the enforcement judge, who may issue a writ of execution against the garnishee.
Disputes are brought before the enforcement judge in the place where the debtor lives.
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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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