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Can the enforcement judge cancel a debt?
Your creditor has initiated a seizure on your account and you are seeking to block the procedure. The enforcement judge cannot cancel a debt, but he has extensive powers to suspend, reduce or paralyse abusive proceedings.
The JEX and precautionary measures: how to protect your claims
Your debtor empties his accounts or transfers his assets before you have been able to obtain a writ of execution. Protective measures make it possible to freeze the debtor's assets as soon as the debt is likely and the risk of insolvency is clear. The enforcement judge (JEX) is the competent court: here's how to obtain his authorisation and secure your debt as a matter of urgency.
Enforcement judgeClaims for compensation before the JEX: how to obtain damages
An abusive or disproportionate seizure has caused you harm. The enforcement judge (JEX) not only has the power to lift the measure, but can also order the creditor to pay you damages. Here's when this action is successful and how to prepare for it.
Enforcement judgeThe powers of the JEX with regard to enforceable titles
Do you have a favourable judgment, but your debtor is contesting enforcement? The powers of the enforcement judge (JEX) over enforceable titles are extensive but strictly limited: he or she can check their validity, interpret their terms and modify measures in progress. Knowing what he can and cannot do determines the right strategy.
Enforcement judgeChallenging a JEX decision: appeal procedures
An enforcement judge's decision is unfavourable to you, and you have just 15 days to react. An appeal is still possible, but as it has no suspensive effect, you need to adopt a precise strategy to safeguard your rights during the proceedings.
Enforcement judgeThe territorial jurisdiction of the JEX: which judge to refer to and where?
You are starting enforcement proceedings and you are not sure which court to go to: an error in territorial jurisdiction can cost you months of proceedings. The jurisdiction of the JEX is governed by precise rules, with a principle of choice between the debtor's domicile and the place of enforcement, tempered by exceptions specific to each measure. Identifying the right judge from the outset means securing everything that follows.
Enforcement judgeStay of execution: how do you suspend the effects of a JEX decision?
You have lost before the JEX and are appealing, but the decision remains enforceable immediately: how can you avoid forced execution, the effects of which would be irreversible before the appeal has been decided? The stay of execution, provided for in article R. 121-22 of the CPCE, is the only mechanism available - as long as you understand the conditions.
Enforcement judgeProceedings before the JEX: what happens at a hearing?
Have you been summoned to appear before the enforcement judge, or do you want to seize a recalcitrant debtor? The procedure before the JEX is governed by strict rules: an incomplete summons may be declared inadmissible at the hearing. Here's how proceedings before this court work in practice.
Enforcement judgeJurisdiction of the enforcement judge with regard to seizures of immovable property
Which court should I go to to contest a seizure of property, raise a problem with an enforcement order or apply for an enforcement order to be lifted? The enforcement judge has broad jurisdiction in these matters, the contours of which are precisely set out by law and delimit what you may or may not submit to his discretion.
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