Receiving a writ of attachment on your bank account or being informed that a third party holding funds on your behalf has been seized is a destabilising situation. This compulsory enforcement measure, the most widespread in French debt recovery law, enables a creditor to recover the sums owed to him directly. It is not a mere threat, but a civil procedure with immediate and powerful effects. The aim of this article is to provide you with a clear and structured overview of the seizure-attribution mechanism, from the conditions under which it is implemented to its consequences and the ways in which it can be contested. Each aspect is then explored in greater detail in dedicated articles to provide you with comprehensive information and, where appropriate, the opportunity to explore each point in greater depth.
What is attachment for payment?
By definition, attachment for payment is a compulsory execution procedure that authorises a creditor, armed with a writ of execution, to attach sums of money owed by a third party or company to its debtor. This mechanism is governed by the provisions of the Code of Civil Enforcement Procedure (art. L. 211-1 et seq.), which sets out each of the procedures involved. The garnishee, who becomes a central player in the procedure, is thus obliged to pay the funds not to the garnishee debtor, but directly to the seizing creditor.
The most common case is the seizure of a bank account. The judicial commissioner (formerly a bailiff), thanks to his power of access to the bank account file (FICOBA), can identify the banks where the debtor holds an account and proceed with the seizure. However, the scope of this measure is much broader. A creditor can seize any money claim, for example :
- Rents owed by a tenant to the debtor-owner, which creates a direct relationship of obligation ;
- Dividends that a company is about to pay to a debtor partner;
- The sale price of a property held by a notary (acting as a third party holder) on behalf of the debtor.
What are the conditions for launching a seizure procedure?
An attachment for payment is not something you can do lightly. The law imposes strict conditions to protect the debtor against abusive actions. The creditor must meet two cumulative conditions.
A writ of execution evidencing a debt that is due and payable in full
To initiate such a procedure, the creditor must be in possession of an enforceable title. This is a legal document that officially recognises the existence of a debt and provides the necessary authority for its enforced collection. The most common enforceable titles are court rulings (judgments, orders) that are enforceable, a concept specified by the Court of Cassation's established case law. In addition, the claim must be liquid, i.e. quantified in money or the amount of which can be easily determined, and due and payable, which means that the term of payment has expired.
A claim that can be seized and made available
Not all money can be seized. The law protects certain resources considered vital. This is the case for part of earned income, wages or retirement pensions, which are subject to a specific attachment regime (attachment of wages), or for certain allowances. In addition, when a bank account is seized, a minimum amount, known as the unseizable bank balance (SBI), must be left available to the debtor, even if it is less than the amount of the debt. This amount is equivalent to the revenu de solidarité active (RSA) for a single person. This is a fundamental protection provided by the law of 9 July 1991 reforming civil enforcement procedures. There are other types of unavailable or unseizable claimsThese include certain administrative claims, which are subject to complex rules.
How does the attachment procedure work?
The seizure procedure is a highly formalised series of legal acts, each stage of which is subject to strict time limits, not to be confused with the limitation period for the title itself. For an in-depth look at the formalities and different phases of this procedure, see our guide to attachment procedure and its stages details each point.
The act of seizure by a judicial commissioner
The procedure begins when the creditor appoints a judicial representative. The commissioner, who is the judicial administration's armed wing, can then serve a writ of attachment on the third party (bank, tenant, etc.), ordering it to stop paying the sums owed to the debtor. This legal document informs the third party of the seizure. To be valid, the deed must contain specific information, such as the identity of the parties, the enforcement order and a detailed breakdown of the debt.
Obligations of the garnishee
On receipt of the deed, the garnishee is obliged to respond immediately to the court commissioner. He must declare the nature and extent of his obligation to the debtor. It should be noted that if the third party is a bank, it must disclose the balance of all the debtor's accounts on the day of the seizure. A third party who fails to respond, or who makes an inaccurate or misleading statement, commits a serious offence. The banker or any other holder of the funds risks being ordered by the judge to pay the debtor's debt personally, in addition to any damages.
Informing the debtor of the seizure
Within 8 days of notification to the garnishee, the court commissioner must inform the debtor of the measure taken against him. This is known as notification of the seizure. This document, served on the debtor, must contain a copy of the seizure report and, above all, inform the debtor, in a letter that serves as formal notice, that he has a period of one month in which to contest the seizure. If this 8-day period is not respected, the seizure lapses, i.e. it is cancelled.
What are the effects and means of contesting?
Attachment produces powerful and immediate legal effects, but the debtor has the means to defend himself. The legal effects of the seizure and ways of contesting it are numerous and deserve particular attention.
Immediate attribution: a transfer of ownership
The originality of the attachment for payment lies in its immediate attributive effect, provided for by art. L. 211-2 of the Code of Civil Enforcement Procedures. As soon as the writ is served on the garnishee, ownership of the sums seized is instantly transferred from the debtor's estate to that of the creditor. The funds are frozen with the third party pending the outcome of the proceedings, but they no longer belong to the debtor. A major consequence of this principle is that it becomes impossible for the debtor to request deferred payment (within the meaning of art. 1343-5 of the Civil Code) on the sums that have been seized.
Challenging the seizure before the enforcement judge
Debtors wishing to contest the seizure have one month from the date of notification to take action. The challenge must be brought before the enforcement judge (JEX) in the debtor's place of residence, in accordance with the Code of Judicial Organisation. The procedure is initiated by a writ of summons drawn up and served on the creditor by a court commissioner. The distraining bailiff should be informed by registered letter. The assistance of a lawyer, who alone has the power to represent the parties, is compulsory where the amount at stake exceeds €10,000. The grounds for dispute, which may give rise to a well-founded dispute, may relate to the validity of the writ of execution, the amount of the claim, non-compliance with the attachment procedure or the unseizability of the funds.
Attachment is a technical procedure with high stakes for both the creditor and the debtor or garnishee. The complexity of some cases, particularly where joint accounts are involved or where there is a link with a company's insolvency proceedings, requires a high level of legal and judicial expertise. Prior to this, a protective attachment may also be considered to guarantee the creditor's rights. To analyse your case and defend your rights, our law firm is at your disposal to advise and assist you.
Frequently asked questions
What is the unseizable bank balance (UBS)?
The unseizable bank balance is a sum that the bank is obliged to leave on the account of the individual debtor, regardless of the amount of the seizure. This amount is set by decree (cf. art. R. 162-2 of the CPCE) and corresponds to the flat-rate amount of the Revenu de Solidarité Active (RSA) for a single recipient.
Can a joint account be seized?
Yes, a joint account may be subject to attachment, even if the debt concerns only one of the joint holders. In principle, the attachment concerns the entire available balance. It is then up to the non-debtor co-holder, who has a legal relationship with the debtor, to prove that the funds belong to him or her in order to obtain their return or the release of the seizure on his or her share.
What happens if the account balance is insufficient to cover the debt?
If the seizure is unsuccessful or only partially covers the claim, the creditor may maintain it and supplement it with other enforcement measures. A seizure on a bank account may therefore be followed by a seizure for sale of movable property. The bank generally charges a fee for processing a seizure, even if the balance is zero, which can worsen the debtor's situation.
How long does a bank account freeze last?
All the accounts in the debtor's bank account with the seizing bank are made unavailable for a period of 15 working days. This time allows the bank to calculate the final balance on the date of seizure, taking into account current transactions. Once this period has elapsed, only the sum owed to the creditor remains blocked until payment, which the creditor can obtain by presenting a no-contest certificate attesting to the absence of recourse.
Can a creditor make several seizures?
Yes, a creditor can renew an attachment procedure as long as the debt has not been paid in full. There is no legal limit to the number of seizures, the only restriction being abuse of rights, which is difficult to prove in practice.
Can payment be deferred after a seizure?
Because of the immediate effect of the seizure, it is not possible to apply to the court for deferred payment for the part of the debt that has been seized. However, if the seizure has covered only part of the debt, the debtor can apply for a payment schedule for the outstanding balance, often after reaching an agreement with the creditor.
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