By Raphaël MORENON
20 March 2025
Attachment 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 little-known mechanism A strategic tool in certain situations Seizure on oneself enables a creditor to seize in his own hands a claim that he himself owes to his debtor. This technique, validated by the Cour de cassation, meets specific needs. The typical situation concerns successively enforceable claims. Take, for example, a tenant who is a creditor of his landlord and fears that other creditors will seize the rent. By seizing his own rent debt, he can secure his position. As the Court of Cassation confirmed in its ruling of 13 May 2014: "a creditor with...
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