+33 7 56 28 34 30

Attachment

  • blue and teal smoke digital wallpaper
  • Effects and disputes of attachment for payment: understanding this enforcement mechanism

    By Raphaël MORENON
    20 March 2025
    Attachment 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. It has immediate and radical legal effects, but is subject to a system of contestation that guarantees the debtor's rights. 1 Legal effects of seizure-attribution Partial or total unavailability of the sums seized The act of seizure-attribution makes the sums seized unavailable, in accordance with article L. 141-2 of the Code of Civil Enforcement Procedures (CPCE). This unavailability is generally partial: it is limited to the sums for which the attachment is made. However, in the specific case of an attachment by way of payment made to a bank, the unavailability becomes total. Article R. 211-19 combined with article L. 162-1 of the CPCE stipulates that all of the debtor's accounts are blocked for fifteen working days following notification....
en_GBEN