By Raphaël MORENON
20 March 2025
Some 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 claims The unavailability of a claim is a formidable obstacle to seizure-attribution. To understand in more detail the effects of seizure-attribution and its challenges, case law distinguishes between several cases. Claims already assigned or allocated A claim that has already been removed from the debtor's assets is unavailable to the distraining creditor. This rule is all the more important in the case of an assignment of a claim prior to an attachment for payment. The Court of Cassation has confirmed this on numerous occasions. In the case of assignments of debt, the time of perfection is decisive: If the assignment is served before the seizure-attribution, the debt escapes the seizing creditor If the seizure takes place before the seizure-attribution, the...
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