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Analyses, feedback and legal news on banking law, credit law and enforcement.
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Enforcement: how does it work?
Enforcement is a set of procedures used to force a recalcitrant debtor to fulfil his obligations.
Methods of executionHow much do you need to know when a bailiff intervenes?
You've received a letter from a judicial commissioner and you're wondering whether the amount of your debt justifies his intervention. The law sets no minimum threshold - but the distinction between amicable debt collection and enforcement radically changes your room for manoeuvre. Understanding these two regimes and your rights at each stage is the first step in deciding how to react.
Methods of executionThe statute of limitations on enforcement of a judgment
You have obtained a judgement, but your adversary is still not paying - or it is you who has been condemned and you are wondering how long this risk will last. The statute of limitations on the enforcement of a judgement sets the period during which a creditor can compel payment at ten years. Once this period has elapsed, the writ of execution lapses: understanding the starting point and the causes of interruption is decisive for both sides.
Methods of executionWhat should I do if a bailiff visits me in my absence?
Coming home to find a bailiff's notice slipped under your door or in your letterbox is often a source of concern. What can the bailiff do in my absence?
Seizure of propertySeizure of property and co-ownership
A co-owner hasn't paid his service charges for months, and reminders have been unsuccessful. The syndicate can initiate a seizure of the co-owner's property, but the procedure is governed by strict rules specific to co-ownership. Failure to comply with these rules may result in the entire procedure being declared null and void.
Seizure of propertyIndivisibility in property seizure proceedings: a public policy ground for dismissal
The appeal procedure in property seizures is subject to the principle of indivisibility of the dispute. We take a look at the case law.
Methods of executionWhat are the consequences of an incomplete formule exécutoire?
An incomplete formule exécutoire can paralyse enforcement measures even though they have been initiated on the basis of a valid document. In a ruling handed down on 6 February 2025, the Court of Cassation clarified the exact consequences of such an irregularity and the remedies available to the debtor. Here is an overview of this technical litigation with very real implications.
Methods of executionLimitation periods applicable to property seizures
The statute of limitations is a crucial factor in property seizure proceedings. It is essential for both creditors and debtors to understand the mechanisms of interruption and suspension and their effects over time.
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
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