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

Seizures from a public entity, as a third-party garnishee, follow certain particularities compared to the ordinary law of third-party seizure. First, under penalty of invalidity, the seizure must necessarily be notified to the public accountant responsible for the expenditure . To assist the creditor in identifying the latter, Article L. 143-1 of the Code of Civil Enforcement Procedures allows the …

Seizure notified to the public accountant

Seizures from a public entity, as a third-party garnishee, follow certain particularities compared to the ordinary law of third-party seizure. First, under penalty of invalidity, the seizure must necessarily be notified to the public accountant responsible for the expenditure . To assist the creditor in identifying the latter, Article L. 143-1 of the Code of Civil Enforcement Procedures allows them to request the authorizing officer to indicate the competent public accountant to receive the notification as well as all necessary information for implementing the measure . Then, the seizure order must also, under penalty of invalidity, designate the seized claim  and the public accountant responsible for the expenditure must affix their visa on the original of the act . As an exception to ordinary law, which requires an immediate declaration, the public accountant has a period of twenty-four hours to provide the judicial commissioner with the information provided for in Article L. 211-3 and to communicate the supporting documents . This formality must necessarily be carried out solely by the public accountant, and not by the authorizing officer .

When the attachment of wages is carried out by public law entities with a public accountant as the employer, the general regime of wage attachments applies, subject to certain adaptations. Thus, the declaration required from the garnishee regarding the legal situation between themselves and the debtor is made by the employer service, and declarations related to assignments, attachments, administrative attachments to third-party holders, or direct payment of maintenance claims are made by the assigned accountant to the registry of the enforcement judge . When the public accountant ceases to be the assignee of the attached claim, they must inform the registry, which acknowledges it. The initial authorizing officer of the expenditure is required, at the creditor's request, to indicate the new administrative situation of the debtor . Finally, the public accountant deposits every month into the “Caisse des dépôts et consignations” account of the court registry manager or, if applicable, the manager installed at one of its local chambers, the amount of the sums corresponding to the deductions made. They also send the registry a nominal statement indicating the references of the garnishee, the attachment, and the amount withheld .

CPC exec., Art. R. 143-2. For an application, CA Riom, 19 June 2017, LawLex202300010181JBJ.

Cass. 2e civ., 2 July 2020, LawLex202300008838JBJ. Contra, in the same case, CA Aix-en-Provence, 1 July 2016, LawLex202300010189JBJ, having considered that the judicial commissioner was not obliged to verify the status of the agent who claims to be authorized to specify the extent of their obligations towards the debtor as well as the terms that might affect them.

5. Civil Enforcement Procedures

126. Seizure notified to the public accountant

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126. Seizure notified to the public accountant

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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