Raphaël MORENON
Compulsory sale and auction in the case of seizure and sale of movable property: procedure, formalities and role of the judicial commissioner (2025)
By Raphaël MORENON15 September 2025Have your assets been seized? Find out about the compulsory sale procedure, your rights, and how a court commissioner intervenes. An essential guide to protecting your assets.
Informing third parties to the proceedings - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyAs part of the property seizure procedure, third parties to the procedure must be informed that an auction is going to take place. The tenant or occupant in good faith The tenant or occupant in good faith must be informed of the auction at least 1 month before it takes place. A...Legal publicity - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyLegal advertising enables the pursuing creditor to inform the public that an auction sale is going to take place. It enables the public to find out the details of the sale. The Code of Civil Enforcement Procedures strictly governs the way in which this must be done. The pursuing creditor is subject to...Out-of-court sales - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to property seizures, an amicable sale avoids the discount that often results from an auction. However, this solution has its own drawbacks. It is also technical to implement, and often confusing for the notary. Here's where we stand.Attachment of a bank account
Law of guarantees, securities and enforcement measures, Seizure of assetsGarnishment of a bank account is an effective way for creditors to protect themselves against the risk of non-payment. Analysis.Schematics of the foreclosure procedure
Law of guarantees, securities and enforcement measures, Seizure of propertyOur bible of diagrams relating to the property seizure procedure.How long can a bailiff claim a debt?
Guarantees, securities and enforcement law, BailiffsA judicial commissioner, the successor profession to the judicial officer, can be appointed to collect debts, whether through amicable or legal proceedings. For a full explanation of these changes, see our guide to the new role and powers of the judicial commissioner. However, a...Private sale - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to foreclosures, the concept of private sale is little understood. It meets a very real practical need, yet is widely practised. How is it possible, and what does it involve?Appeal of the orientation judgment - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyAppealing against a referral decision is a difficult and tricky procedure. The stakes are high, however, and the slightest misstep can have irreparable consequences.Incidental hearings in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe purpose of the incidental hearing is to settle any difficulties or disputes that are not settled at the orientation hearing. This distinction is important because the incidental judgment is very different from the preliminary judgment. We explain the specific features of this judgment, which is specific to the property seizure procedure. The...Referral judgement in property seizure cases
Law of guarantees, securities and enforcement measures, Seizure of propertyThe referral judgement settles the disputes raised by the debtor and directs the seizure towards an amicable or forced sale. The effects of this judgment are significant, as it removes any disputes that could and should have been raised at the referral stage. Analysis.The orientation hearing for property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe orientation hearing is the main stage in the property seizure procedure. It is at this hearing that the debtor can put forward his arguments. It is also at this orientation hearing that the case is directed towards an amicable sale or an auction.Statement of claim in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe declaration of claim is the act by which the registered creditor asserts his rights. When a creditor receives a notice of seizure of property, he must declare his claim at the registry. This notification will enable him to benefit from his mortgage ranking at the distribution stage...Terms and conditions of sale (CCV) for property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe schedule of conditions of sale is an essential document for ensuring that the foreclosure procedure is properly conducted. It is carefully drafted and filed to meet a variety of objectives. Analysis.Notification of the seizure to registered creditors
Law of guarantees, securities and enforcement measures, Seizure of propertyA creditor who initiates proceedings for the seizure of an immovable property must notify the registered creditors. To this end, he must notify them of the summons to pay for the seizure of the property. The notice must contain specific information. It is equivalent to a summons to appear at the orientation hearing....Summons to the orientation hearing (AAO) in property seizure cases
Law of guarantees, securities and enforcement measures, Seizure of propertyIn property seizures, the summons to the orientation hearing informs the debtor of the conditions under which the proceedings will continue. The debtor can use the summons to devise a defence strategy. Here's where we stand.Summons to pay for the seizure of property (CSI)
Law of guarantees, securities and enforcement measures, Seizure of propertyhe "commandement de payer valant saisie immobilière" (sometimes abbreviated to CSI) is the procedural document that initiates the property seizure procedure. It is an act that the creditor must prepare with great care. For the debtor, its effects are as numerous as they are important.Can an undivided property be seized?
Law of guarantees, securities and enforcement measures, Licitation-partage, Civil procedure, Seizure of immovable propertyAn undivided property can always be sold by auction. However, the procedure to be followed may vary.Can you have your property seized if you pay your mortgage? 3 concepts to master
Law of guarantees, securities and enforcement measures, Seizure of propertyIs it possible to have your property seized if you pay your mortgage? It's unlikely, but it's not impossible.Training - Overview of enforcement procedures and property seizures
TrainingAt the request of LEFEBVRE-DALLOZ, our company had the pleasure of taking part in an afternoon of training at the Créteil Bar Association on the subject of "Panorama des voies d'exécution et de la saisie immobilière". On the menu: This course is currently being rescheduled with other training organisations. If you...How can you oppose a property seizure? Analysis of 3 solutions
Law of guarantees, securities and enforcement measures, Seizure of propertyOpposing a property seizure is not easy. What can you do to prevent it? We take a look at the solutions available.
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