Guarantees, securities and enforcement law
Garnishee banker: obligations, responsibilities and management of complex garnishee accounts
By Raphaël MORENON14 September 2025Is your bank a garnishee? Understand the key obligations in the event of a bank attachment to avoid penalties. Secure your transactions against the risks!
How much do you need to know when a bailiff intervenes?
Guarantees, securities and enforcement law, BailiffsReceiving a letter from a judicial commissioner (formerly a bailiff) for an unpaid bill, whether for rent or consumer credit, raises a legitimate question: does the amount of the debt justify such action? Contrary to popular belief, the law does not set any threshold...Collection agencies have no power!
Guarantees, securities and enforcement lawAre you being harassed by a collection company? Don't let them bully you - they have no power! We'll explain.Has the enforcement judge disappeared? Continuation and end
Guarantees, securities and enforcement lawIn a long-awaited opinion, the Court of Cassation confirms that the enforcement judge still has jurisdiction to hear disputes concerning movable enforcement measures. This clarification was necessary following the distribution of a clumsy ministerial circular, which gave rise to countless complications in the courts....The statute of limitations on enforcement of a judgment
Guarantees, securities and enforcement lawYou have obtained a court ruling in your favour, but your opponent is not complying spontaneously. Or on the other hand, you have been convicted and you are wondering how long this sword of Damocles will hang over your head. A judgement is not eternal. Its forced execution...Can a bailiff seize a person who is not solvent?
Guarantees, securities and enforcement lawThe thought of a judicial commissioner, formerly a bailiff, knocking on your door to seize your property is a source of anxiety. This fear is all the greater for someone in a precarious financial situation, or even someone who is insolvent. But what really happens when the debtor is considered...Sale by auction with tenant: legal issues and practical implications
Law of guarantees, securities and enforcement measures, Seizure of propertySo how do you go about an auction with a tenant? Here's how.What should I do if a bailiff visits me in my absence?
Guarantees, securities and enforcement lawComing home to find a bailiff's notice slipped under your door or in your letterbox is often a source of concern. What can the bailiff do in my absence?The adjudication judgement in property seizure cases
Law of guarantees, securities and enforcement measures, Seizure of propertyThe adjudication judgment is a special judgment. It offers significant advantages for eviction... but is difficult to obtain. Here are some explanations.Seizure of property and co-ownership
Law of guarantees, securities and enforcement measures, Seizure of propertyIt is sometimes necessary for joint owners' associations faced with chronic non-payment to resort to a seizure of property procedure. This complex procedure has a number of important specific features when used in the context of co-ownership. I. Prerequisites for the initiation of seizure of property proceedings by...Unseizability of the principal residence
Guarantees, securities and enforcement lawIf your principal residence cannot be seized, you can protect your business assets. How does it work?Indivisibility in property seizure proceedings: a public policy ground for dismissal
Law of guarantees, securities and enforcement measures, Seizure of propertyThe appeal procedure in property seizures is subject to the principle of indivisibility of the dispute. We take a look at the case law.What are the consequences of an incomplete formule exécutoire?
Guarantees, securities and enforcement lawOn 6 February 2025, the Second Civil Chamber of the Court of Cassation handed down a ruling on the consequences of an incomplete enforcement order. The Caisse nationale des barreaux français had taken enforcement measures against a lawyer who was a debtor, on the basis of an order by the first president of a French court....The interaction between over-indebtedness and seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyOver-indebtedness rarely makes it possible to prevent the sale of a property. However, in certain very specific cases, it can be an interesting solution.Limitation periods applicable to property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe statute of limitations is a crucial factor in property seizure proceedings. It is essential for both creditors and debtors to understand the mechanisms of interruption and suspension and their effects over time.Overbidding in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe outbidding procedure enables a new auction hearing to be held for a property that has just been sold at auction. Here's how it works.Does a bailiff have the right to seize a bank account without warning?
Guarantees, securities and enforcement law, BailiffsThe discovery of a seizure on your bank account is an unsettling experience, especially as it comes without prior warning and can plunge the debtor into serious difficulty. This measure, known as seizure-attribution (saisie-attribution), is a compulsory execution procedure whereby a creditor, through the intermediary of a judicial commissioner (formerly a bailiff),...Judicial sales / auctions: EVERYTHING you need to know (2025)
Law of guarantees, securities and enforcement measures, Seizure of propertyThe complete guide to property auctions. This document is a summary of the training we provide for investors at law schools.How do I stop a property seizure? The tutorial
Law of guarantees, securities and enforcement measures, Seizure of propertyMany customers ask us how to stop a seizure of property. However, this is a difficult procedure to fight, and the answer to this question is not easy. There are a wide variety of situations, all of which call for different answers. However, there are a few classic solutions....Debt collection: the applicable rules (2025)
Guarantees, securities and enforcement lawThe debt collection sector is extremely tough. Its players have no qualms about resorting to dubious methods. But there are rules and regulations, and they are very precise. Here are some explanations.Property seizure: process and analysis
Law of guarantees, securities and enforcement measures, Seizure of propertyProperty seizure involves the sale of a property to pay a debt. We look at how it works and the techniques available to combat it.
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