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

After weighing up the debtor's situation and the creditor's needs, the enforcement judge may defer or stagger the payment of the amounts due, within a limit of two years . The judge, who has discretionary power, is not required to provide reasons for the decision .

When granting the application, the court may decide that the amounts corresponding to the deferred installments will bear interest at a reduced rate at least equal to the legal rate, or that payments will be applied first to the principal. It may also provide that interest increases or penalties for late payment will not accrue during the granted period . However, no extension is granted for maintenance debts . In matters of rental leases, the enforcement judge may grant, even ex officio, payment extensions up to three years to the tenant able to settle their debt . When the judgment is rendered in adversarial proceedings, the grace period begins to run from the date of the decision . Finally, the debtor may request grace periods at any stage, including for the first time before the Court of Appeal .

In its assessment, the court considers the debtor's good or bad faith  . It compares the actions taken by the debtor (payment offer, adherence to a schedule) and the creditor's situation (social landlord, retiree, bank) . The enforcement judge grants payment extensions to the “unfortunate” debtor, meaning one who justifies their difficulties by providing evidence supporting their claims , and “in good faith,” meaning one who does not dispute their debt and demonstrates a willingness to rectify , or who has made down payments and actively put their house up for sale to repay their debt .

The economic situation is also taken into consideration: the court grants extensions when, in the medium term, the debtor has a real possibility of returning to better financial health . Similarly, the general economic growth expected after the health crisis, as well as the efforts made by the debtor to repay their debt through two substantial payments, allow the enforcement judge to grant them a 24-month payment extension .

Civil Code, Art. 1343-5 (former Art. 1244-1).

Cass. 2e civ., 1 February 2001, LawLex202300000049JBJ; Cass. 1re civ., 29 October 2002, LawLex202300000087JBJ; Cass. com., 9 January 1974, LawLex202300000085JBJ.

CA Toulouse, 15 September 2014, LawLex202300001178JBJ.

CA Poitiers, 27 February 2018, LawLex202300001181JBJ.

CA Limoges, 21 May 2015, LawLex202300001179JBJ; CA Versailles, 10 June 2021, LawLex202300001185JBJ.

CA Versailles, 3 June 2021, LawLex202300001180JBJ.

Cass. 2e civ., 10 April 2014, LawLex202300000051JBJ; Cass. 1re civ., 29 June 2011, LawLex202200010322JBJ.

L. 89-462 of 6 July 1989 aimed at improving rental relations and amending Law 86-1290 of 23 December 1986, Art. 24, See.

Cass. 3e civ., 18 December 1991, LawLex202300000088JBJ; Cass. 2e civ., 12 February 2004, LawLex202300000089JBJ.

Cass. 1re civ., 29 June 2004, LawLex202300000050JBJ.

CA Toulouse, 15 October 2020, LawLex202300001183JBJ.

CA Aix-en-Provence, 14 January 2021, LawLex202300001182JBJ.

14. Time-limits granted by the enforcement judge