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

When furniture is still on the premises at the time of eviction operations, Article L. 433-1 of the Code of Civil Enforcement Procedures provides that they must be delivered, at the expense of the evicted person, to a location designated by them. Failing that, they are left on site or stored in another appropriate location and precisely described by the judicial commissioner in charge of the enfor …

Auction sale of property or finding of abandonment

When furniture is still on the premises at the time of eviction operations, Article L. 433-1 of the Code of Civil Enforcement Procedures provides that they must be delivered, at the expense of the evicted person, to a location designated by them. Failing that, they are left on site or stored in another appropriate location and precisely described by the judicial commissioner in charge of the enforcement, with a summons to the evicted person to retrieve them within a non-renewable period of two months from the service of the eviction repor t. The creditor who has unduly opposed the return of the debtor's furniture, stored in a warehouse during the eviction, must bear the storage costs alone . Similarly, since the purpose of the eviction procedure is to obtain the release of the premises from all objects belonging to the tenant, the landlord cannot, after summoning the tenant to remove their furniture and personal items, claim any right of retention over their effects to deny them access to the premises . However, the two-month period given to the evicted person to retrieve their personal belongings does not prevent the pursuing creditor from carrying out a seizure immobilizing their goods in the premises subject to eviction during this period. Indeed, the evicted person is only entitled to the return of their goods insofar as they have not been made unavailable by a seizure measure .

At the expiration of the allotted time, or when the evicted person has shown no intention to retrieve them , the goods that can be sold are put up for public auction . The enforcement judge has the sovereign discretion to determine whether the goods of an evicted company have sufficient value to cover the costs of a public sale . If so, the proceeds from the sale are then given to the evicted person after deducting the costs and the landlord's claim. Goods without market value are deemed abandoned . They are destroyed or taken to the public dump at the expense of the evicted person . As for personal papers and documents, they must be placed in a sealed envelope and kept for two years by the judicial commissioner. Notice is given to the evicted person to reclaim them by registered letter with acknowledgment of receipt. At the end of the two-year period, if these documents have not been retrieved, the judicial commissioner must destroy them . Finally, when goods located in a premises are unavailable due to a prior seizure by another creditor, they must be handed over to a trustee, unless the evicted person indicates where they should be transported. An inventory is drawn up in the eviction report, indicating where they will be deposited. This report must be served to the seizing creditor. If the property owner intends to join the seizure, the enforcement is made with the service of the report . Furthermore, if among the sequestered items there are personal documents, the evicted person is entitled to obtain their return, at the expense of the judicial commissioner .

Cass. 2e civ., 28 June 2006, LawLex202300000761JBJ.

Cass. 2e civ., 11 April 2013, LawLex202400009141JBJ.

Cass. 3e civ., 9 July 2003, LawLex202400009143JBJ.

Cass. 2e civ., 21 March 2019, LawLex202400009155JBJ.

Cass. 2e civ., 5 March 2009, LawLex202300010879JBJ.

CA Lyon, 5 September 2019, LawLex202300011518JBJ, holding that the decision ordering the public auction of the assets listed in an inventory report of the premises' recovery is justified, as the evicted person does not demonstrate any steps taken to vacate the premises within the allotted time. - See also, in the same sense, Douai, 11 February 2016, LawLex202300005524JBJ.

Cass. 2e civ., 4 October 2007, LawLex202300010877JBJ.

CA Chambéry, 2 July 2020, LawLex202300011524JBJ.

5. Civil Enforcement Procedures

162. Auction sale of property or finding of abandonment

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162. Auction sale of property or finding of abandonment

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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