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Civil procedure

The summons: a multi-faceted legal tool 7 Apr
Avoid the pitfalls of compulsory domicile details in procedural documents 1 Apr
Calculation of procedural time limits 1 Apr

The descriptive report of the property in foreclosure

In the case of a property seizure, the judicial commissioner must draw up a report describing the condition of the property before the compulsory sale. This document is used to set the hammer price and inform potential bidders.

Lapse of a summons to pay in lieu of seizure

The summons to pay for the seizure of property is the act that triggers the procedure: if it lapses, the entire seizure collapses. If it becomes null and void, the whole seizure collapses. It becomes null and void in particular if the time limit for publication in the property register is not respected or if the procedure is not carried out within the legal time limits. Identifying and invoking this lapse may enable you to annul a seizure procedure brought against you.

Expiry of the summons to pay in the event of seizure

A summons to pay in the form of a seizure order does not produce its effects indefinitely: in the absence of a sale order published in the margin within five years, it lapses ipso jure. This rule, which is specific to civil enforcement procedures, differs from the traditional lapse of proceedings and regularly traps unwary creditors.

The effects of a summons to pay in the form of a seizure on the debtor

You have just received a summons to pay for the seizure of your property: your property is now unavailable and your freedom of administration is restricted. Article R. 321-13 of the Code des procédures civiles d'exécution (French Code of Civil Enforcement Procedures) governs these effects with regard to the debtor, the third-party purchaser and third parties from the date of service and publication. Here is what this means in practical terms.

Service of the summons to pay in the event of seizure on the third party purchaser

You have bought a property and one of the previous owner's mortgage creditors has started a seizure against you: this is known as the "droit de suite", which means that the property is secured irrespective of who holds it. There are strict procedural rules for serving a summons to pay in the form of a seizure order on a third party purchaser, and you need to be aware of them to defend yourself.

Seizure of real estate and judicial liquidation

The opening of a judicial liquidation against your debtor does not wipe out your claim, but it does immediately freeze any ongoing enforcement proceedings, including a seizure of property. This freeze is temporary: depending on the progress of the collective proceedings, the attachment may resume or be resumed by the liquidator. Understanding the relationship between these two procedures is crucial to preserving your rights.

Methods of execution

Foreclosure does not cover the debt: analysis

The auction of your property did not cover the entire debt. The creditor can still sue you for the balance - but according to precise rules governing the determination of residual liabilities and the remedies available. Here's what the price distribution procedure allows, and what it no longer allows.

Seizure of property

The relative effect

To seize a property, the creditor must prove the chain of ownership up to the debtor. Relative effect means that each deed of disposal must mention the title by which the transferor was himself the owner, on pain of inadmissibility to the Land Registry.

Seizure of property

The writ of execution for seizure of property

Property seizure is the most cumbersome enforcement procedure: without a writ of execution evidencing a liquid and due debt, it cannot be initiated. The choice of title - judgement, notarial deed or other - determines both the time limits and the possibility for the debtor to seek an amicable sale rather than be subject to attachment.

Seizure of property

Penalties for failure to declare the identity of the winning bidder

At the auction hearing, your lawyer was unable to declare the identity of the winning bidder within the time limit - what happens? The 2006 reform abolished the automatic penalty imposed on lawyers under the former article 707 of the CPC, but it did not resolve all cases. This article looks at how case law, and in particular the Marseilles judicial court, has filled this gap.

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