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Delivery or restitution orders: obtaining a writ of execution to recover your property
Has an item you entrusted to us not been returned, or is a seller refusing to deliver the goods you bought? With an injunction to deliver or return, you can obtain a writ of execution in a matter of weeks, without having to go to court. It's a simple procedure, but the conditions for admissibility must be strictly observed.
Understanding seizure and attachment: recovering your tangible movable property
If a debtor refuses to return a vehicle or piece of equipment that you own, you can use seizure and attachment to force its physical return, provided you have a writ of execution. Unlike seizure and sale, the aim is not to pay off a creditor in money but to recover the property itself, in accordance with article L.222-1 of the CPCE.
Seizures of tangible movables: instructions for use
Your debtor is organising his insolvency and you're worried that you'll never get your money back: the seizure of tangible assets enables you to freeze his assets even before obtaining a writ of execution. It is based on two conditions set out in article L. 511-1 of the CPCE: a claim that appears to be well-founded in principle and a threat to its recovery. These instructions detail the conditions, the procedure and the pitfalls to avoid.
Securities and shareholder rights: seizing them to secure your claim
Your debtor owns shares but has no bank assets to seize. The seizure of securities and shareholder rights is an often under-used means of enforcement, capable of freezing the securities and collecting the proceeds. To implement it, a distinction must be made between the type of rights concerned and the rules specific to each type of company.
International aspects of precautionary measures
Your debtor has scattered his assets between several countries to avoid prosecution. Protective measures exist, but their implementation comes up against the principle of territoriality: a French judge cannot, in principle, order the freezing of assets abroad. There are exceptions, notably in European law.
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.
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