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Joint accounts and seizures: what are the risks for repaying your loans as a couple?
Your creditor has seized the joint account you share with your spouse to recover a debt that is not theirs. This scenario is legally possible because of the passive solidarity inherent in the joint account. The extent of the protection afforded to the non-debtor co-account holder depends on the matrimonial property regime and the nature of the debt.
AttachmentEffects and disputes of attachment for payment: understanding this enforcement mechanism
Your bank account has just been frozen following an attachment order: the effects are immediate and the creditor becomes the owner of the claim as soon as service is effected. This mechanism, governed by the CPCE, is effective - but it opens up specific avenues of challenge that the debtor can exercise. Here's what you need to know about its legal effects and how to oppose it.
AttachmentParticular situations relating to seizures for payment
Your levy of execution has been served, but insolvency proceedings have just been opened, or the debt seized belongs to a joint account. These special situations call into question the attributive effect that you thought had been achieved. The applicable rules vary depending on the time of the attachment, the nature of the account and the status of the debtor.
AttachmentAttachment: unavailable and unseizable claims
Some claims are resistant to seizure by way of attachment, even in the face of a valid writ of execution. Claims that have already been assigned, CARPA funds, sums relating to maintenance: these are all legal obstacles that the creditor must anticipate before launching the procedure, or risk failure and unnecessary costs.
AttachmentAttachment of assets and insolvency proceedings
Your debtor has just been placed in receivership or liquidation proceedings, even though you had levied an attachment order. The insolvency proceedings do not automatically call your attachment into question, but its effects depend on a specific timetable. The date on which the debtor is notified of the attachment is often the only factor that determines the fate of your claim.
AttachmentAttachment: pitfalls and case studies
The seizure of assets reserves atypical configurations that can block recovery if they are poorly anticipated. Seizures on the debtor's own person, multiple competing seizures, defaulting third parties: these practical cases require a precise understanding of the rules of the CPCE.
Methods of executionDoes a bailiff have the right to seize a bank account without warning?
Your bank account has just been frozen without you having received the slightest warning. This is legal: the seizure of assets is precisely designed to take the debtor by surprise and prevent any organisation of insolvency. You do, however, have a right of recourse, provided you exercise it in good time.
ModelDisappearance of the JEX mobilier - the compulsory details of your writ of summons to contest a measure of seizure of movable property
Model writ of summons to appear before the Court of First Instance to contest a seizure of assets before the Tribunal Judiciaire from 01/12/2024
AttachmentAttachment and assignment of debt
You have just received a levy of execution, not from your bank but from a securitisation fund you have never heard of: your debt has been assigned, often without your knowledge, as part of a securitisation transaction. This process is legal, but it opens up specific means of dispute that you should be aware of in order to defend your rights.
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