Course programme

Garnishment Defence

Learning Objectives

Upon completion of this course, participants will be able to:

  1. Assess the merits and strategy for challenging a garnishment order (saisie-attribution)
  2. Master the procedural rules governing challenges and avoid admissibility pitfalls
  3. Detect and exploit procedural irregularities affecting the garnishment
  4. Challenge the validity of the enforcement title
  5. Contest the underlying claim and formulate applications before the enforcement judge

Module 1 – Initial Assessment and Defence Strategy

  • Opportunity analysis: should you challenge?
  • Building the file: documents to gather, preliminary verifications
  • Strategic options: contest or negotiate

Module 2 – Admissibility of the Challenge

  • Mandatory time limits for challenge: notification, service of summons
  • Admissibility conditions: formalities, competent court
  • Procedural pitfalls to anticipate
  • Drafting the summons before the enforcement judge

Module 3 – Grounds Based on the Enforcement Title

  • Irregularity of the court decision serving as the enforcement basis
  • Formal irregularities in the notarial deed
  • Challenging service of the title (payment order)

Module 4 – Grounds Relating to the Creditor and the Claim

  • Lack of standing as creditor: assignment of claim, securitisation fund
  • Lack of capacity of the garnishing creditor
  • Prescription of the claim
  • Lack of liquidity and enforceability
  • Challenging the amount and application for apportionment
  • Exemption of certain claims from seizure
  • Application for time to pay

Module 5 – After the Enforcement Judge’s Ruling

  • Validation of the garnishment: effects, enforcement
  • Annulment: restitution, consequences
  • Apportionment: practical modalities
  • Remedies