La recording of standing crops is a particular form of seizure of assets which is rarely used in practice. This procedure requires compliance with specific formalities to guarantee its validity. Let's take a look at the key stages of the procès-verbal, how it is served and how seized assets are managed.
The seizure report
Mandatory information and specific description
Article R. 221-58 of the Code of Civil Enforcement Procedures refers to the provisions of article R. 221-16, with the exception of 2° relating to the detailed description of the assets. Instead, in the case of crops, the report must include :
- Description of the land on which the crops are grown
- The size and precise geographical location of the land
- Indication of the type of fruit
This description must make it possible to unambiguously identify the exact location of the harvest, in particular by its cadastral references, and the nature of crops entered. The bailiff will sometimes need to obtain details from the debtor as to the exact species of grain, fruit or wood involved.
It is recommended that the bailiff take photographs to justify thestate of ripeness of fruit at the time of the seizure, in accordance with article R. 221-12 of the French Code of Civil Enforcement Procedures.
Transport to the harvest site
The bailiff must physically go to the place where the crop is growing, and not to the debtor's home. This rule, although absent from the old Code of Civil Procedure, was already observed before 1806. The jurisconsult Pothier wrote in his treatise on civil procedure that the "sergeant who makes this seizure must, for this purpose, go to the inheritance where the fruits are pending".
Service of the minutes
Terms and conditions depending on the presence of the debtor
If the debtor is present at the seizure, the bailiff will give him a copy of the report on the spot, which is equivalent to service under article R. 221-17, paragraph 2 of the Code of Civil Enforcement Procedures.
However, if the debtor is absent, a copy of the report must be served on him at a later date. The document then gives the debtor 8 days to inform the bailiff of any previous seizures and to send him the corresponding report, in accordance with article R. 221-18 of the same code.
Information to be sent to the garnishee
Before handing over the statement of claim, the bailiff must verbally remind the debtor present :
- That the seized assets are unavailable
- That it is liable to criminal penalties in the event of misappropriation
- That it may proceed with an amicable sale under the conditions set out in articles R. 221-30 to R. 221-32
The bailiff must also renew the demand for payment orally and inform the distrainee that he is required to disclose any assets that may have been subject to a previous seizure.
Appointment of custodian or manager
Managing captured harvests has a number of special features linked to the living, evolving nature of fruit.
Liability of the debtor as custodian
In accordance with article R. 221-59 of the Code des procédures civiles d'exécution (French Code of Civil Enforcement Procedures), the report designates the debtor as the default custodian of the crops seized. This custodianship is dynamic in nature, as the harvest evolves until it reaches maturity.
Active role in harvest monitoring
The debtor-guardian must :
- Watching over the harvest
- Provide the necessary care
- Inform the bailiff of any climatic event likely to compromise it
Recourse to the enforcement judge to appoint a manager
If the creditor fears that the debtor is neglecting his role as guardian, he may apply to the enforcement judge to have a manager appointed. This request follows the procedure set out in articles R. 121-11 et seq. of the Code of Civil Enforcement Procedures.
The manager, generally an agricultural professional (farmer, threshing contractor or agricultural expert), must :
- Watching over the harvest
- Provide the necessary care
- Have the harvest transported to a warehouse or market for sale. sale
The manager's remuneration is added to the costs of the proceedings borne by the debtor.
Sources
- Code of Civil Enforcement Procedures, articles R. 221-16, R. 221-17, R. 221-18, R. 221-57 to R. 221-61
- Pothier, Traité de la procédure civile, Part IV, Chapter 2, Section 5
- JurisClasseur Procédure civile, Fasc. 1600-85: Seizure and sale. - Field crops, by Nathalie Casal, updated 16 July 2021
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