Attachment
The precautionary seizure of debts and its conversion into an attachment for payment: complete guide
By Raphaël MORENON15 July 2025Attachment of receivables is an essential legal procedure for creditors seeking to secure the recovery of their debt. It makes a sum of money owed to your debtor by a third party, such as a bank or a customer, unavailable even before a final court decision. However, this preventive measure is subject to precise formalities, from the moment it is triggered to its conversion into a definitive seizure, known as attachment for payment. The complexity of these stages and the strict deadlines to be met make it essential to master the procedure perfectly. When faced with a debtor who is planning to become insolvent, protective attachment is often the most effective way of safeguarding your rights while you wait to obtain a writ of execution. The assistance of a professional is crucial to the success of this procedure; the support of a lawyer who is an expert in enforcement procedures and protective attachments guarantees that your interests will be safeguarded. What is...
Attachment procedure: stages and formalities
Law of guarantees, securities and enforcement measures, Attachment of assetsAttachment is a formidable procedure for recovering debts. This mechanism, introduced by the law of 9 July 1991, enables a creditor in possession of a writ of execution to obtain immediate payment of his debt by seizing the sums owed to his debtor by a third party. This article details the...Effects and disputes of attachment for payment: understanding this enforcement mechanism
Law of guarantees, securities and enforcement measures, Attachment of assetsAttachment is a formidable mechanism for creditors with a writ of execution. This procedure makes it possible to obtain rapid payment of a debt by blocking the sums owed to the debtor by a third party. Its legal effects are immediate and far-reaching, but it is subject to a system of contestation that guarantees the...Particular situations relating to seizures for payment
Law of guarantees, securities and enforcement measures, Attachment of assetsAttachment for payment, a formidable enforcement procedure because of its immediate effect on claims, raises thorny issues in certain situations. After reviewing the basic principles and standard procedures of attachment for payment, this article looks at situations that require particular attention. 1. Attachment of assets and insolvency proceedings The...Attachment: unavailable and unseizable claims
Law of guarantees, securities and enforcement measures, Attachment of assetsSome debts are resistant to attachment. Even with a writ of execution in your pocket, you could come up against some solid legal obstacles. To help you understand how this procedure works in general, here's a look at the world of unavailable and unattachable debts. Unavailable debts The fact that a debt is unavailable is a...Attachment of assets and insolvency proceedings
Law of guarantees, securities and enforcement measures, Attachment of assetsThe encounter between a seizure-attribution procedure and the opening of collective proceedings, whether safeguard, reorganisation or judicial liquidation, creates a major area of legal friction. It pits the law of enforcement, which is designed to enable a creditor to recover his debt, against the law...Attachment: pitfalls and case studies
Law of guarantees, securities and enforcement measures, Attachment of assetsAttachment is a powerful tool for recovering debts. However, certain atypical situations can complicate its implementation. An experienced practitioner needs to be familiar with these special situations to avoid procedural pitfalls and fully master the general operation of attachment for payment. 1. Seizure on oneself: a mechanism...Attachment of successively enforceable claims
Law of guarantees, securities and enforcement measures, Attachment of assetsSeizure of claims for successive performance is an effective method of seizing a debtor's recurrent payments, such as rent or wages.Wrongful attachment
Law of guarantees, securities and enforcement measures, Attachment of assetsHaving your bank account seized is often a brutal and destabilising experience. From one day to the next, your funds are blocked, depriving you of access to your own money. While this procedure is legal, it does not allow for all excesses. A seizure can be abusive,...Attachment: how does it work?
Law of guarantees, securities and enforcement measures, Attachment of assetsAttachment is a formidable procedure, and one that is difficult to combat. We explain how.Attachment and payment deadlines
Law of guarantees, securities and enforcement measures, Attachment of assetsAn attachment order does not allow the debtor to apply for a deferment of payment. Here's how it works.Notice of attachment: how does it work?
Law of guarantees, securities and enforcement measures, Attachment of assetsAttachment is a dreadful enforced collection procedure for debtors, who see their claims transferred to their creditors. The notification of this act by a court commissioner is a fundamental step: it informs you of the measure and is the starting point for the deadline for...Challenging an attachment order: 5 arguments
Law of guarantees, securities and enforcement measures, Attachment of assetsHaving your bank account seized is often a brutal and destabilising financial ordeal. Carried out without prior warning by a creditor in possession of an enforcement order, it presents the debtor with a fait accompli. It is possible to challenge this complex procedure, but it must be done within a legal framework and in accordance...ABUSIVE CLAUSES & ENFORCEMENT: what if it wasn't all over?
Law of guarantees, securities and enforcement measures, Attachment of assetsYou are the victim(s) of a seizure of your property on the basis of a loan contract that may contain unfair terms but you have not had the opportunity to raise the matter beforehand: nothing is lost. Come and see us now! THE CONTEXT: A seizure based on an unfair clause...Attachment and assignment of debt
Law of guarantees, securities and enforcement measures, Attachment of assetsThey are called securitisation mutual funds. You've never heard of them in your contractual relationship with the bank that financed your old consumer credit, yet you've just had your bank accounts seized. On reading the writ of attachment,...
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