Introduction

Existence of a claim

Issuance of enforcement order (writs of execution)

Existence of seizable assets or claims

Conditions of enforcement

Judicial authority

Other authorities

Competent authorities and persons

Operations

Difficulties in enforcement

Implementation of compulsory enforcement

General regime of enforcement procedures

Concept of penalty

Scope ratione personae

Material scope

Determination of penalty

Competence of judge

Powers of court

Effects of ruling ordering or rejecting penalty

Pronouncement of penalty

Substantive conditions

Procedural conditions

Role and powers of the judge

Effects of liquidation judgment

Liquidation of the penalty

Penalty

Conditions of implementation

Contesting the measures

Ordinary law on protective measures

Protective seizures

Judicial security interests (sûretés judiciaires)

Specific regimes

Interim protective measures (mesures conservatoires)

Seizure of claims for sums of money

Seizure of tangible movable property

Seizure of intangible rights

Enforcement measures on movable property

Real estate seizures

Evictions

Enforcement measures on real estate

Enforcement measures

5. Civil Enforcement Procedures

The enforcement is translated by the conversion of the protective seizure into seizure and sale (saisie-vente) under Articles R. 522-7 to R. 522-14 of the Code of Civil Enforcement Procedures. This operation inevitably requires the creditor obtaining a writ of execution within the month following the enforcement of the interim protective measure .

Pursuant to the provisions of Article R. 522-7, p …

Conversion

The enforcement is translated by the conversion of the protective seizure into seizure and sale (saisie-vente) under Articles R. 522-7 to R. 522-14 of the Code of Civil Enforcement Procedures. This operation inevitably requires the creditor obtaining a writ of execution within the month following the enforcement of the interim protective measure .

Pursuant to the provisions of Article R. 522-7, para. 1, the creditor, who obtains a writ of execution establishing the existence of their claim, is required to serve the debtor with a conversion document containing, on pain of invalidity, the reference to the protective seizure report; the statement of the writ of execution; the separate breakdown of the amounts to be paid, in principal, costs, and accrued interest, as well as the indication of the interest rate; and an order to pay this amount within eight days, failing which the seized goods will be sold.

If the conversion can be served in the same document as the judgment , a copy of the conversion document must be notified to the third party in the event of a seizure carried out in their hands . In the case of a seizure and sale conducted on assets made unavailable by one or more prior protective seizures, Article R. 522-12 requires the judicial commissioner to serve this conversion document to each creditor who previously carried out said seizures.

At the expiration of the eight-day period from the date of the conversion act, the judicial commissioner proceeds with the verification of the seized assets, in accordance with Article R. 522-8, para. 1, and records any missing or damaged assets. He then informs the debtor that they have a one-month period to proceed with the amicable sale of the seized assets under the conditions prescribed in Articles R. 221-30 to R. 221-32 . If the assets are no longer at the location where they were seized, the judicial commissioner orders the debtor to inform him within eight days of their whereabouts and, if they have been subject to a seizure and sale, to provide the name and address of either the judicial commissioner who carried it out or the creditor on whose behalf it was conducted . In the absence of a response, Article R. 522-9, para. 2, authorizes the creditor to refer the matter to the enforcement judge, who “may order the provision of this information under penalty without prejudice to criminal action for misappropriation of seized assets.” In the case of multiple seizures, Article R. 522-13, para. 1, requires the seizing creditor, who accepts the amicable sale proposals presented by the debtor, to “communicate the content, by registered letter with acknowledgment of receipt, to the creditors who have seized the same assets as a precautionary measure, either before the seizure act or before the conversion act, as the case may be,” reproducing in very conspicuous characters, on pain of nullity, the terms of paras. 2 to 4. Each creditor then has a fifteen-day period from the receipt of the letter to take a position on the amicable sale proposals and inform the seizing creditor of the nature and amount of their claim . Otherwise, they are deemed to have accepted the sale proposals and lose the right to participate in the distribution of the proceeds from the amicable sale, except to assert their rights on any remaining balance after distribution .

In the absence of an amicable sale within a one-month period, Article R. 522-10 provides for “the forced sale of seized property under the conditions prescribed in Articles R. 221-33 to R. 221-39.” When creditors have carried out a protective seizure on the same property before the act of seizure or the act of conversion, Article R. 522-14, para. 1, requires the seizing creditor, who proceeds with the removal of the property for forced sale, to inform them by registered letter with acknowledgment of receipt, which must, under penalty of invalidity, indicate the name and address of the ministerial official  in charge of the sale, and reproduce in very conspicuous characters the second paragraph. Each creditor then has a period of fifteen days from the receipt of the letter to inform the judicial officer in charge of the sale of the nature and amount of their claim on the day of removal, under penalty of losing the right to participate in the distribution of the proceeds from the forced sale, except to assert their rights on any balance after distribution .

CPC exec., Art. R. 522-13, paras. 3 and 4.

5. Civil Enforcement Procedures

107. Conversion

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Les notions juridiques connexes

107. Conversion

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Les notions juridiques connexes

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