By Raphaël MORENON
27 June 2025
The principle is simple: a creditor in possession of a writ of execution may seize the debtor's assets to obtain payment of the debt. However, this prerogative is not absolute. The legislator has established a delicate balance between the creditor's legitimate right to recovery and the need to preserve the debtor's dignity by guaranteeing minimum living conditions. This balance is embodied in a set of rules defining income and assets as exempt from seizure. These provisions form a fundamental basis for the protection of debtors in enforcement proceedings, a technical area in which precise knowledge of the law is crucial. Unseizability of maintenance claims and income from work The law first protects resources considered vital to the debtor and his family. This protection covers maintenance claims, which ensure subsistence, and a significant proportion of income from...
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