The effects of a summons to pay in the form of a seizure of property on third parties

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The summons to pay for the seizure of property has effects against two categories of third parties: the third party holder and the third party.

The effects of a summons to pay in the form of a seizure on the third party holder

In accordance with article R. 321-19 of the Code des procédures civiles d'exécution, the effects of issuing the summons on the third party holder are the same as those on the debtor:

"Service of the summons to pay as a seizure on the third party purchaser has the same effect on the third party purchaser as service of the summons to pay as a seizure on the debtor.

If the third party purchaser fails to comply with the summons, the seizure of the property and the sale shall be pursued against the third party purchaser in accordance with the procedures set out in this book.

This is logical, because the effects of the property seizure procedure depend first and foremost on the property seized and not on the identity of the defendant. When the defendant to the proceedings is not the debtor (as in the case of a third party holder), it is still necessary to freeze the situation of the property so that the proceedings can continue under good conditions.

The effects of a summons to pay in the form of a seizure on a third party

Article R. 321-13 of the Code of Civil Enforcement Procedures :

"The unavailability of the property, the seizure of its fruits and the restriction on the debtor's rights of enjoyment and administration run with regard to the debtor from the date of service of the summons to pay in the form of a seizure.

These effects apply to third parties from the date of publication of the summons.

Where an agreement has been entered into prior to publication of the summons by the distrainee debtor in breach of the effects attached to service of the summons, it shall be declared null and void by the court at the request of the other party to the agreement.

Article L. 321-5 of the Code of Civil Enforcement Procedures :

"The seizure of property is enforceable against third parties from the time of its publication in the property register.

Unpublished or subsequently published disposals that have not been carried out in accordance with the conditions set out in article L. 322-1 may not be set up against the pursuing creditor or the purchaser, unless a sum sufficient to pay the principal, interest and costs owed to the registered creditors and the pursuing creditor is deposited with the Caisse des Dépôts et Consignations; the sum thus deposited is allocated specifically to them.

Registrations on behalf of the distrainee which have not been made prior to the publication of the seizure shall likewise be unenforceable, subject to the right of the vendor, the lender of funds for the acquisition and the co-partitioner to register, within the time limits set out in articles 2379 to 2381 of the Civil Code, the lien conferred on them by article 2374 of the same code.

The summons is enforceable against third parties from the date of its publication in the property register.

An agreement entered into between service and publication of the summons by the distrainee debtor may be declared null and void by the court at the request of the other party.

An agreement that has not been published or that has been published after publication of the summons may be declared enforceable against the pursuing creditor and the registered creditors, subject to the deposit of a sum sufficient to satisfy them.

Registrations that have not been published by the date of publication of the summons to pay for the seizure of the property may not be set up against the pursuing creditor or the purchaser.

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