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

A “seized third-party” (tiers saisi) or garnishee  is any person in whose hands a seizure is executed, without being the debtor of the seizing party . According to the Court of Cassation, requested for an advisory opinion, this person must be in a legal relationship with the debtor and be imposed obligations by the measure executed . This may involve a debtor of the debtor  or a person holding assets belonging to them . When a seizure is served on the borrowers' notaries, only the professional civil company in whose name each associate notary exercises their functions and holds their clients' funds can be considered the “third-party garnishee” .

Cass., 24 January 1994, LawLex202200010787JBJ, excluding the registrar of mortgages from this classification.

Cass. 2e civ., 21 October 2004, LawLex202200010788JBJ.

Definition

16. Definition