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Entering customer files: conditions, procedure and impact of the RGPD
Your debtor has a valuable customer file but little cash: this database can be seized. However, the procedure comes up against a major obstacle, which is often underestimated: the customer file contains personal data protected by the RGPD, which strictly conditions the methods of seizure and transfer. Identifying these constraints at an early stage is essential if the enforcement measure is to be secure.
Methods of executionProtection of the debtor's privacy in seizure proceedings: rights, limits and guarantees
Seizure proceedings have been initiated against you: although the creditor has the right to enforce a judgement, this right does not authorise him to invade your privacy without limit. The law strictly regulates the conditions under which the bailiff can intervene and the protection of your home, particularly in the light of Article 8 of the ECHR. Knowing these safeguards allows you to challenge any abusive intervention.
Methods of executionUnseizable income and assets: understanding the limits of creditors' action against debtors' assets
Even with a writ of execution, a creditor cannot seize just any property belonging to the debtor. The law protects certain income and assets deemed essential to a person's dignity and livelihood. These limits form a protective foundation that you need to be aware of, whether you are a debtor seeking to defend your assets or a creditor assessing your chances of recovery.
aaa UncategorizedProtection of debtors in enforcement proceedings: rights, limits and remedies
When a creditor initiates a seizure, you are not defenceless. French law protects a core of assets and income that cannot be seized, provides a strict framework for home interventions and allows the enforcement judge to monitor any abuses. These guarantees are enshrined in the CPCE and the European Convention on Human Rights.
Credit lawJoint 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.
The professional organisation and discipline of judicial officers: understanding the workings of a regulated body
A bailiff has made a questionable seizure, or you want to understand how this profession is controlled: the merger of bailiffs and auctioneers in 2022 has resulted in a hierarchical professional organisation with a clear disciplinary system. Regional chambers, a national chamber, disciplinary bodies: here's how this regulated body works.
Methods of executionI can't pay the bailiff: what should I do?
Receiving a deed from a judicial commissioner and not being able to pay the sum claimed is a common situation, but ignoring the letter systematically worsens the situation. There are solutions: deferment of payment, disputing the debt, referral to the enforcement judge. Reacting quickly often means avoiding seizure.
Understanding auctions - principles and definitions
Taking part in an auction without knowing the rules means exposing yourself to firm and often irrevocable commitments. An auction is a legally binding offer to buy, governed by strict procedures that vary according to the type of sale. This guide sets out the definitions and fundamental principles you need to know before bidding.
The liability of the commissaire de justice: what recourse is available in the event of misconduct?
An improperly served document, an irregular seizure, a botched auction sale: when a judicial officer makes a mistake, the consequences can be severe for your case. The law provides for specific remedies, both civil and disciplinary.
Monopolistic missions of the judicial commissioner
You have a judgment but the debtor is not complying: only the judicial representative has the legal monopoly to proceed with seizure, eviction or service of bailiff's documents. These exclusive duties, which are governed by the 2016 Ordinance, are matched by a strict liability regime.
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