Raphaël MORENON
Third parties in enforcement proceedings: roles, obligations and responsibilities of garnishees
By Raphaël MORENON19 September 2025Debt collection: banks, employers... find out about the strict obligations of the third parties involved. Secure your procedures and avoid the pitfalls!
What are the consequences of an incomplete formule exécutoire?
Guarantees, securities and enforcement lawOn 6 February 2025, the Second Civil Chamber of the Court of Cassation handed down a ruling on the consequences of an incomplete enforcement order. The Caisse nationale des barreaux français had taken enforcement measures against a lawyer who was a debtor, on the basis of an order by the first president of a French court....The interaction between over-indebtedness and seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyOver-indebtedness rarely makes it possible to prevent the sale of a property. However, in certain very specific cases, it can be an interesting solution.Limitation periods applicable to property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe statute of limitations is a crucial factor in property seizure proceedings. It is essential for both creditors and debtors to understand the mechanisms of interruption and suspension and their effects over time.Overbidding in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe outbidding procedure enables a new auction hearing to be held for a property that has just been sold at auction. Here's how it works.Judicial sales / auctions: EVERYTHING you need to know (2025)
Law of guarantees, securities and enforcement measures, Seizure of propertyThe complete guide to property auctions. This document is a summary of the training we provide for investors at law schools.How do I stop a property seizure? The tutorial
Law of guarantees, securities and enforcement measures, Seizure of propertyMany customers ask us how to stop a seizure of property. However, this is a difficult procedure to fight, and the answer to this question is not easy. There are a wide variety of situations, all of which call for different answers. However, there are a few classic solutions....Debt collection: the applicable rules (2025)
Guarantees, securities and enforcement lawThe debt collection sector is extremely tough. Its players have no qualms about resorting to dubious methods. But there are rules and regulations, and they are very precise. Here are some explanations.Property seizure: process and analysis
Law of guarantees, securities and enforcement measures, Seizure of propertyProperty seizure involves the sale of a property to pay a debt. We look at how it works and the techniques available to combat it.Pledging: a powerful form of security
Guarantees, securities and enforcement lawPledging is a security interest that allows a creditor, the pledgee, to guarantee the recovery of its debt by assigning a tangible or intangible asset for this purpose. If the debtor defaults, the pledged creditor has a preferential right over the asset...Creditor and debtor: definitions and analysis
Guarantees, securities and enforcement lawThe creditor and the debtor are two sides of the same coin: one benefits from an obligation, the other must perform it. But what is the nature of this obligation? And what are the rights and limitations of each? We tell you everything.What is an enforcement order and how does it work?
Guarantees, securities and enforcement lawTo obtain enforcement of an obligation, the creditor must have an enforceable title. This is a legal document which, once it has been endorsed with the executory clause, enables the bailiff (the commissioner of justice) to force the debtor of the obligation to perform. As such, it is a central issue in all legal proceedings.Attachment and seizure of claims: operation, disputes
Law of guarantees, securities and enforcement measures, Seizure and attachmentSeizure and attachment enables the recovery of tangible personal property held by a debtor or a third party, either by virtue of an enforcement order or a court order.Seizure of shares: how does it work, what is it for?
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesFind out about the seizure of shareholders' rights and securities: a procedure for recovering debts on intangible assets such as shares.Astreinte in the field of enforcement measures
Astreinte, Law of guarantees, securities and enforcement measuresThe astreinte, a financial penalty, requires the debtor to comply with a court order or face penalties. Find out how it works in enforcement proceedings.Webinar in partnership with Vench.fr
Firm lifeIn partnership with the Vench.fr editorial team, I had the pleasure and privilege of hosting a webinar on the subject of the difference between sales by way of seizure of property, licitation-partage and compulsory liquidation. We took this opportunity to discuss the main differences between these 3 types of sale...Seizing a vessel: understanding the procedure
Law of guarantees, securities and enforcement measures, Seizure of shipsFind out how ship arrest allows creditors to block or sell a ship to recover their debts, within a national and international legal framework.Attachment of successively enforceable claims
Law of guarantees, securities and enforcement measures, Attachment of assetsSeizure of claims for successive performance is an effective method of seizing a debtor's recurrent payments, such as rent or wages.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.
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