Collecting an unpaid debt is a process governed by strict rules, known as civil enforcement procedures (CEP). This set of legal mechanisms enables a creditor to obtain compulsory enforcement of an obligation that the debtor has failed to fulfil. Often perceived as complex, these procedures are nevertheless an essential part of economic life, guaranteeing the effectiveness of legal decisions. Given the complexity of civil enforcement procedures, the assistance of an lawyer specialising in enforcement proceedings and seizures is often essential for navigating between the different options. This article summarises the fundamental principles, the players involved and the current issues, in particular future developments and the impact of these procedures on couples and over-indebtedness situations.
Definition and general framework of civil enforcement procedures (CEP)
Civil enforcement procedures cover all the legal means by which a creditor can force a debtor to honour his commitments. They constitute what is known as the right to forced execution, a fundamental prerogative for ensuring the effectiveness of judicial decisions and the binding force of contracts, and an essential means of enforcing obligations.
The fundamental principles of seizure under French law
At the heart of ECPs is seizure, a measure whereby one or more of the debtor's assets are placed under the control of the public authorities. The primary objective is to make these assets unavailable, i.e. to prevent the debtor from selling them or hiding them. This is a direct measure against the debtor's assets, not a personal constraint. The mere threat of seizure of a tangible asset is often enough to induce the debtor to comply voluntarily.
The historical development of pce: from enforcement procedures to the code of civil enforcement procedures (cpce)
Enforcement law, formerly known as "means of execution", has undergone major changes to modernise it. The founding law of 9 July 1991 radically overhauled the field, in particular by creating the Juge de l'Exécution (enforcement judge), a magistrate specialising in the litigation of seizures. This law also initiated a movement towards "dejudicialisation", entrusting many stages to judicial officers in order to speed up procedures. All of these rules were consolidated in 2012 in the Code of Civil Enforcement Procedures (CPCE), the legislative part of which is the result of an order of 19 December 2011. More recently, the profession of bailiff merged with that of auctioneer to create, as of 1 July 2022, the new profession of judicial commissioner, whose training is demanding.
Classification of seizures: precautionary measures and forced execution
French law distinguishes between two main types of seizure, which do not have the same objectives or the same conditions. One aims to preserve the future, the other to obtain actual payment. This distinction forms the first chapter of the subject.
Precautionary measures: safeguarding the creditor's rights
As their name suggests, precautionary measures have a preventive purpose. They enable a creditor, whose claim has not yet been established by an enforceable title but appears to be well-founded, to "freeze" the debtor's assets to prevent him from organising his insolvency. These provisional measures include the precautionary seizure of tangible assets or receivables. To be valid, they must be followed by legal action to obtain a judgment on the merits. If the creditor is successful, the protective measure may be converted into a compulsory execution measure.
Enforcement measures: ensuring that the creditor is effectively repaid
These measures are taken when a creditor already has an enforceable title. Their objective is direct: to obtain payment of the debt. This can be done by selling the seized goods (saisie-vente for movables, saisie immobilière for immovables), apprehending them (saisie-apprehension) or by allocating sums of money directly to the creditor (saisie-attribution, saisie des rémunérations). These are some of the most significant enforcement measures, the foreclosure procedure is particularly complex and deserves special attention.
The key players in civil enforcement procedures and their roles
There are several parties involved in a seizure, each with specific rights and obligations. Understanding their respective roles is essential to the smooth running of the procedure.
The judicial officer, future judicial commissioner: a central role in enforcement
A public officer, the Commissaire de Justice (who succeeded the bailiff) is the central player in the enforcement process, performing an essential function. He has a monopoly on the implementation of enforcement measures and protective seizures. Acting as the creditor's agent, they are obliged to intervene when requested to do so, within a strict legal framework. The profession of Commissaire de Justice and its new prerogatives will redefine the landscape of enforcement in France from 1 July 2022.
The enforcement judge (jex): guarantor of rights and the smooth running of the procedure
The JEX is a specialised judge of the judicial court, responsible for ensuring that proceedings run smoothly and that a balance is struck between the rights of the creditor and those of the debtor. He has exclusive jurisdiction to rule on any difficulties relating to enforceable titles and disputes arising during an attachment. It can grant payment deadlines, cancel an irregular seizure or condemn a debtor for abusive resistance. Its decisions are subject to appeal, although this does not have suspensive effect. For an in-depth analysis of the role, jurisdiction and procedure before the Enforcement Judge (JEX)Our comprehensive guide will shed light on this key institution.
The writ of execution: an essential basis for seizure procedures
No compulsory execution measure can be initiated without a specific legal act, so it is essential to understand what is meant by "compulsory execution". the writ of execution, the basis of all proceedings. This is the official document, bearing the executory clause, which establishes the claim and authorises the creditor to use the force of law to obtain payment. The claim must be certain, liquid (its amount is determined) and due (the term for payment has expired).
Recent reforms and current challenges in civil enforcement procedures
Enforcement law is constantly evolving to adapt to new economic and technological realities, with the emphasis on simplification and dematerialisation.
Diversion of the seizure of remuneration from the courts: February 2025 decree and the role of judicial commissioners
A major change, applicable from 1 July 2025, will transfer jurisdiction over the attachment of remuneration from the courts to the court commissioners. This provision, provided for by decree, is designed to relieve the courts of their workload. The procedure will be entirely dematerialised via a national digital register. It will begin with a summons to pay, giving the debtor one month to reach an agreement. If no amicable solution is found, the court commissioner will notify the employer of the seizure.
The implications of European directives on cross-border enforcement of judgments
The European Union has also worked to facilitate debt recovery in an international context. The Brussels I bis Regulation (no. 1215/2012) abolished the exequatur procedure for court judgments issued in another EU country. In practice, a French judgment can be enforced in Germany or Spain almost as easily as in France, thereby strengthening legal certainty within the European judicial area.
Interaction of pce with personal overindebtedness and couples law
Seizure procedures interact in a complex way with other branches of law, particularly when the debtor is in a fragile financial situation or when the debt concerns a couple.
Civil enforcement procedures and over-indebtedness of individuals: protection and limits
If an individual acting in good faith is unable to pay their non-business debts, they can apply to the over-indebtedness commission. The submission of an admissible application automatically suspends most current seizures. This procedure may result in a recovery plan with rescheduling, or even debt write-off. When faced with a critical financial situation, it is essential to understand in detail the protection offered by the personal over-indebtedness procedure.
The impact of matrimonial property regimes and unions (PACS, cohabitation) on seizures
Living as a couple has consequences for seizable assets. The principle of joint and several liability for household debts (article 220 of the Civil Code) applies to married couples and, to a certain extent, to PACS partners. Conversely, article 1415 of the Civil Code protects joint assets in the case of a loan or guarantee taken out by a spouse married under the community property regime: they can only be pledged if the spouse has given his or her express consent to the deed.
Specific features of seizures on collective bank accounts (joint, undivided, usufruct/bare ownership)
Seizure of a joint account has some special features. The creditor of only one of the joint account holders can have the entire balance seized. It is then up to the non-debtor spouse to prove that the funds seized belong to him or her alone (for example, that they come from his or her salary). As the Court of Cassation regularly points out, this proof is often difficult to provide. Seizure of a joint account is a complex operation, so it is vital to have a firm grasp of the following points the rules governing attachment of these accounts to understand the rights of each party.
New data capture objects: future challenges and cryptocurrencies
The emergence of digital assets raises new issues for civil enforcement procedures, forcing the law to adapt to immaterial and decentralised assets.
Legal status and implications of cryptocurrency seizure
Although cryptocurrencies have no clear legal status as money, they are considered to be intangible movable property and are therefore, in theory, seizable. However, their effective seizure comes up against considerable technical obstacles. Identifying the owner, locating the assets on digital portfolios and the volatility of their value are all challenges for creditors and judicial commissioners in this new asset tracing activity. The legal framework will have to evolve to better deal with these new forms of wealth.
Seizure proceedings are a technical area in which the rights of each party must be scrupulously respected. Whether you are a creditor seeking to recover a debt or a debtor who is the subject of an enforcement measure, our firm of competent lawyers, with solid legal training that is continually updated thanks to university work and legal doctrine, can assist you in defending your rights. Do not hesitate to contact our team lawyers specialised in enforcement proceedings and seizures for customised support and training tailored to your situation.
Frequently asked questions
What is an enforcement order?
An enforceable title is an official legal document (such as a judgment or notarial deed) that establishes a claim that is certain, liquid and due. It is essential for initiating enforcement proceedings, such as a seizure.
What is the difference between a protective attachment and an attachment for payment?
A protective attachment is a preventive measure that makes the debtor's assets unavailable pending a final court decision. An attachment for payment is a compulsory enforcement measure which, on the basis of a writ of execution, immediately transfers ownership of the sums of money seized (from a bank account, for example) to the creditor.
Can a creditor seize everything?
No, the law provides for assets and sums that cannot be seized in order to guarantee the debtor's dignity. This includes certain items of furniture that are necessary for everyday life, a portion of wages (the unseizable portion), and certain social benefits.
Does filing for overindebtedness stop seizures?
Yes, the commission's decision to accept a case of overindebtedness automatically suspends most of the seizure procedures currently in progress against the debtor's assets and income, with the exception of maintenance debts.
Is my spouse responsible for my business debts?
In principle, no. Under the legal community regime, a spouse's business debts are binding only on his or her own property and on community property, to the exclusion of his or her spouse's own property and earnings and salaries.
Can a joint account be seized for the debt of just one co-holder?
Yes, the balance of a joint account is presumed to belong to all the joint holders, and a creditor can therefore seize all the funds. It is then up to the non-debtor co-holder to prove that the sums seized belong to him or her in order to obtain their return.
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