Disappearance of the JEX mobilier - the compulsory details of your writ of summons to contest a measure of seizure of movable property

LAWYERS: Discover our model summons to appear before the Court of First Instance to contest a seizure of property before the Court of First Instance as from 01/12/2024

Navigating the tumult of reform

At SOLENT AVOCATS, we are aware that you do not always have the time to keep up with changes in legislation, especially when the legislator himself has not anticipated the consequences of a declaration of unconstitutionality.

We offer you a model summons to appear before the Court of First Instance containing the compulsory particulars for all your challenges to seizures of movable property that will be brought before the Court of First Instance from 1 December 2024.

Our model

ASSIGNATION BEFORE THE JUDICIAL TRIBUNAL OF THE YEAR TWO THOUSAND AND TWENTY-FOUR AND THE AT THE REQUEST OF Civil status name of the seized debtor Having for lawyer who constitutes himself on the present and sDownload

SUMMONS BEFORE THE JUDICIAL COURT OF

IN THE YEAR TWO THOUSAND AND TWENTY-FOUR AND ON


AT THE REQUEST OF :

Marital status / name of debtor seized

Counsel which is on this matter and its consequences, Maître


I, THE UNDERSIGNED BAILIFF :


GIVES WRIT TO :

Civil status / name of the pursuing creditor

Resident and domiciled

OR /

Having elected domicile in the chambers of the [Commissioners for Justice].
where being and speaking to :






TO APPEAR before the judicial court of X sitting [] at the hearing of :

two thousand and twenty-five to
DD/MM/2025 to h



VERY IMPORTANT

In view of the transitional period following the declaration of unconstitutionality of the words "disputes arising in connection with enforcement" in the first paragraph of article L. 213-6 of the Code de l'organisation judiciaire (Code of Judicial Organisation), disputes arising in connection with the enforcement of a writ of execution in respect of movable property lodged after 1 December 2024 will fall within the jurisdiction of the judicial court, ruling under its ordinary law jurisdiction, until such time as the jurisdiction of the enforcement judge is restored, as provided for by the bill to simplify economic life, pursuant to article L. 211-3 of the COJ.

As a result, the provisions relating to ordinary written procedure are now applicable (CPC, art. 775).

The parties are required to appoint a lawyer and the appointment of a lawyer entails election of domicile (CPC, art. 760).

Within FIFTEEN DAYS of the date indicated at the head of this document, subject to an extension due to distance, in accordance with articles 643 and 644 of the Code of Civil Procedure, you are required by law to instruct a lawyer at the RODEZ bar or at the other bars of the court on which the court seised depends, but only if you do not intend to benefit from legal aid or if this case does not involve a seizure of property, a partition or an auction and the lawyer chosen is the litigator responsible for representing you before the court.

The State, the regions, the departments, the municipalities and their public establishments may be assisted or represented by a civil servant or an agent of their administration (article 761 of the Code of Civil Procedure).

Failing this, you run the risk of a decision being made against you based solely on the information provided by your opponent.

You are reminded of the following provisions:

Article 5 of Act No. 71-1130 of 31 December 1971 as amended by Act No. 2015-990 of 6 August 2015:

"Lawyers shall practice their profession and may plead without territorial limitation before all courts and judicial or disciplinary bodies, subject to the reservations set out in Article 4.

They may appear before all the courts within the jurisdiction of the court of appeal in which they have established their professional residence and before the said court of appeal.

By way of derogation from the second paragraph, lawyers may not appear before a court other than the one in which their professional residence is established, either in the context of proceedings for the seizure of real property, partition and sale by auction, or under the legal aid scheme, or in proceedings in which they are not in charge of the case and are also responsible for oral arguments.

Article 643 of the Code of Civil Procedure :

"When the claim is brought before a court having its registered office in mainland France, the time limits for appearing, appealing, lodging an objection, lodging a third party objection in the case provided for in article 586 paragraph 3, appealing for review and appealing to the Supreme Court are increased by :

1/ One month for residents of Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, Saint Barthélémy, Saint Martin, Saint Pierre et Miquelon, French Polynesia, Wallis and Futuna, New Caledonia and the French Southern and Antarctic Territories.

2/ Two months for those living abroad.


specifying that the documents on which the request set out below is based are listed, in accordance with Article 56 of the Code of Civil Procedure, on the list attached to this summons.

The claimant agrees to the proceedings being conducted without a hearing, pursuant to article L. 212-5-1 of the Code de l'organisation judiciaire.


MAY IT PLEASE THE COURT
ON THESE GROUNDS,

without prejudice