By Raphaël MORENON
20 March 2025
Attachment is a formidable procedure for recovering debts. Introduced by the Act of 9 July 1991, this mechanism enables a creditor in possession of a writ of execution to obtain immediate payment of his claim by seizing the sums owed to his debtor by a third party. This article describes the strict formalities involved in seizure of assets; for an overview of how it works and the issues involved, see our full guide. Even with its strict formalities, seizure-attribution can present pitfalls and unexpected practical cases that need to be mastered. 1. The act of attachment-attribution Exclusive jurisdiction of the judicial commissioner The act of attachment-attribution falls within the exclusive jurisdiction of judicial commissioners (formerly bailiffs). This exclusivity derives from article L. 122-1 of the Code of Civil Enforcement Procedures (CPCE), which reserves enforcement to these officers. An attachment deed drawn up by a sworn clerk would be null and void,...
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