By Raphaël MORENON
31 March 2025
Have you obtained a debt but are struggling to recover it? Precautionary and enforcement measures are valuable tools. However, be careful: these measures may become invalid if certain procedural rules are not followed. It is crucial to understand the concept of invalidity in civil proceedings as a whole. The devil is in the procedural details. A negligent creditor may see their efforts ruined by missed deadlines. Precautionary measures: effective but fragile Precautionary measures allow you to preserve your rights while waiting to obtain an enforceable title. They freeze the debtor's assets or claims without allowing them to be immediately assigned to the creditor. However, these measures are subject to one essential condition: actively pursuing an enforceable title. Lapse due to failure to obtain an enforceable title Article R.511-7 of the Code of Civil Enforcement Procedures is unambiguous: «The creditor must, within one month...
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