Raphaël MORENON
Out-of-court sale in the case of seizure and sale of movable property: full procedure, deadlines, role of the court commissioner and causes of failure
By Raphaël MORENON15 September 2025Seized property? Discover the amicable sale to control the procedure! Avoid auctions and get the best price for your furniture. A clear guide to your rights.
Wrongful attachment
Law of guarantees, securities and enforcement measures, Attachment of assetsHaving your bank account seized is often a brutal and destabilising experience. From one day to the next, your funds are blocked, depriving you of access to your own money. While this procedure is legal, it does not allow for all excesses. A seizure can be abusive,...Attachment: how does it work?
Law of guarantees, securities and enforcement measures, Attachment of assetsAttachment is a formidable procedure, and one that is difficult to combat. We explain how.On-line publication of our course material on "Defending against property seizures".
Firm lifeAfter hours of work, our course material on defending against property seizures is finally online. This course, developed at the request of the École de Formation des Avocats Centre Sud, has been constantly enriched with new tips and case law since its inception, in line with...Identification of the property in the event of foreclosure
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to seizing property, there are specific requirements for identifying the debtor. Here's the lowdown.Identifying the seized debtor in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to seizing property, there are specific requirements for identifying the debtor. Here's the lowdown.The pursuing creditor in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyArticle L. 311-2 of the French Code of Civil Enforcement Procedures states that "Any creditor in possession of a writ of execution recording a claim that is due and payable may proceed with a seizure of property under the conditions laid down by this Book and by the provisions of Book I that do not conflict with it"....Procedural rules specific to civil enforcement proceedings and the seizure of real estate
Law of guarantees, securities and enforcement measures, Seizure of propertyThe procedure has the reputation of being the most complex and difficult to implement civil enforcement procedure in the Code of Civil Enforcement Procedures. Nonetheless, it shares several features common to all civil enforcement procedures. The concept of proceedings The concept of proceedings...Identification of buildings in deeds published in the property register
Law of guarantees, securities and enforcement measures, Seizure of propertyPublication of procedural deeds in the property register requires that the properties be identified in accordance with the rules governing land registration. The information that the deed must contain is detailed in paragraphs 1 and 3 of article 7 of decree no. 55-22 of 4 January 1955, which concern...Identification of individuals in deeds published in the property register
Law of guarantees, securities and enforcement measures, Seizure of propertyThe publication of procedural documents in the real estate register requires the parties to be identified in accordance with the rules governing land registration, which go beyond the requirements of article 54 of the Code of Civil Procedure. Identification of natural persons The first paragraph of article 5 of decree no. 55-22...The descriptive report of the property in foreclosure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe descriptive report is a report in which the bailiff enters the premises to describe them. We will look first at the usefulness of this procedure, then at the legal framework for drawing it up, and finally at its content. The usefulness of the descriptive report The descriptive report of the property is similar to a...Lapse of a summons to pay in lieu of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyTo understand the role of lapses in the seizure of property procedure, we need to look back a little. Under the old rules, i.e. before the reform of the procedure introduced by the Order of 21 April 2006, it was common for the procedure to drag on, sometimes for several years,...Expiry of the summons to pay in the event of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe concept of proceedings is not an obvious one in civil enforcement proceedings. This is undoubtedly why the legislature sought to limit the effects of a summons to pay in the form of a seizure over time by means of rules that are independent of the concept of the lapse of proceedings as it is...The effects of a summons to pay in the form of a seizure of property on third parties
Law of guarantees, securities and enforcement measures, Seizure of propertyA summons to pay for the seizure of property has effects on two categories of third parties: the third party holder and the third party. The effects of the summons to pay for the seizure of immovable property on the third party holder The effects of issuing the summons to pay for the seizure of immovable property on the third party holder are...The effects of a summons to pay in the form of a seizure on the debtor
Law of guarantees, securities and enforcement measures, Seizure of propertyThe effects of a summons to pay in the form of a seizure on the debtor, the third party purchaser and third parties are described in article R. 321-13 of the Code of Civil Enforcement Procedures, which states that "The unavailability of the property, the seizure of its fruits and the restriction of the rights of enjoyment and administration...Summons for the amicable sale of the debtor in a property seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe distrainee debtor has the unused option of summoning the creditor before the enforcement judge to submit a request for an out-of-court sale before the case is called for the orientation hearing. The procedure is blocked from the date of the judgment authorising the out-of-court sale. This has the very simple advantage...Publication of the summons to pay in the event of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe summons to pay must be published in the property register within 2 months of being served. It is then carried out by sending various documents to the land registry. The publication deadline Article R. 321-6 of the Code des...Service of the summons to pay in the event of seizure on the third party purchaser
Law of guarantees, securities and enforcement measures, Seizure of propertyProperty seizure proceedings are sometimes initiated against a third party who has acquired the encumbered property. The concept of third-party purchaser To fully understand how collection proceedings can be initiated against a third party, it is important to understand the concept of guarantee...Service of the summons to pay on the seized debtor
Law of guarantees, securities and enforcement measures, Seizure of propertyThe procedures for serving a summons to pay for the seizure of property depend on the situation of the distrainee. Here is an analysis of the procedures for serving the summons on the debtor. Joint debtors First of all, if there are joint debtors, the summons is simply served on each of them. Married debtors In the case of a married debtor,...A summons to pay in the form of a seizure is an act of disposal
Law of guarantees, securities and enforcement measures, Seizure of propertyThe seizure of property procedure has a reputation for being both difficult and dangerous. It owes this reputation to the number of deadlines it imposes on the lawyer and to its technical nature, but also to the fact that it is initiated by the debtor himself.Attachment and payment deadlines
Law of guarantees, securities and enforcement measures, Attachment of assetsAn attachment order does not allow the debtor to apply for a deferment of payment. Here's how it works.
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