A summons to pay in the form of a seizure is an act of disposal

The seizure of property procedure has a reputation for being both difficult and dangerous. It owes this reputation to the number of deadlines it requires the lawyer to manage and to its technical nature, but also to the fact that it is initiated by an act, the summons to pay, which constitutes an act of disposal.

The concept of an act of disposal

An act of disposal is an act involving a transfer of rights that may have the effect of reducing the value of an estate.

A deed of sale or a gift, for example, constitute deeds of gift.

A summons to pay in the form of a seizure is an act of disposal

Article R. 321-1, paragraph 2, of the Code of Civil Enforcement Procedures states that "The issue of a summons is an act of disposal, carried out at the creditor's risk.

The summons to pay for the seizure of property is an act of disposal for two reasons.

Firstly, it initiates a procedure to reduce the value of the debtor's assets by organising the sale by public auction of a property owned by the debtor.

Secondly, at the auction hearing, if there are no bids, the pursuing creditor is declared the successful bidder for the property for the amount of the upset price, which it must pay.

This is why the attachment procedure is carried out at the creditor's risk. This procedure presents specific risks that can have serious consequences.

Example: The co-owners' association is pursuing the sale by public auction of a flat to recover a debt of €2,000.00. The hammer price was set at €30,000.00. On the day of the hearing, no one bid higher and the syndicat des copropriétaires was declared the successful bidder at the price of €30,000.00.

Under the procedure for the distribution of funds, the syndicate of co-owners may set off the debtor to reduce the sale price to €28,000.00, but must still pay this sum to the debtor.