By Raphaël MORENON
20 March 2025
Attachment 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 relationship between attachment of assets and insolvency proceedings is a complex area that is explained in detail in a separate article. Attachment prior to the opening of insolvency proceedings An attachment by way of payment served prior to the opening of insolvency proceedings is not subject to the insolvency proceedings. Article L. 211-2 of the Code of Civil Enforcement Procedures is clear: «The occurrence of a judgment opening safeguard, receivership or compulsory liquidation proceedings does not call this allocation into question«. The Court of Cassation confirmed this on 22 November 2002 (no. 99-13.935). The immediate attributive effect protects the creditor, even for enforceable claims...
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