Guarantees, securities and enforcement law
Attachment of bank accounts: regularisation of transactions and calculation of the attachable balance
By Raphaël MORENON14 September 2025Bank attachment: the blocked balance changes! Find out about the adjustment period and the precise calculation of the money finally seized. Manage your situation more effectively.
Referral judgement in property seizure cases
Law of guarantees, securities and enforcement measures, Seizure of propertyThe referral judgement settles the disputes raised by the debtor and directs the seizure towards an amicable or forced sale. The effects of this judgment are significant, as it removes any disputes that could and should have been raised at the referral stage. Analysis.The orientation hearing for property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe orientation hearing is the main stage in the property seizure procedure. It is at this hearing that the debtor can put forward his arguments. It is also at this orientation hearing that the case is directed towards an amicable sale or an auction.Statement of claim in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe declaration of claim is the act by which the registered creditor asserts his rights. When a creditor receives a notice of seizure of property, he must declare his claim at the registry. This notification will enable him to benefit from his mortgage ranking at the distribution stage...Terms and conditions of sale (CCV) for property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe schedule of conditions of sale is an essential document for ensuring that the foreclosure procedure is properly conducted. It is carefully drafted and filed to meet a variety of objectives. Analysis.Notification of the seizure to registered creditors
Law of guarantees, securities and enforcement measures, Seizure of propertyA creditor who initiates proceedings for the seizure of an immovable property must notify the registered creditors. To this end, he must notify them of the summons to pay for the seizure of the property. The notice must contain specific information. It is equivalent to a summons to appear at the orientation hearing....Summons to the orientation hearing (AAO) in property seizure cases
Law of guarantees, securities and enforcement measures, Seizure of propertyIn property seizures, the summons to the orientation hearing informs the debtor of the conditions under which the proceedings will continue. The debtor can use the summons to devise a defence strategy. Here's where we stand.Summons to pay for the seizure of property (CSI)
Law of guarantees, securities and enforcement measures, Seizure of propertyhe "commandement de payer valant saisie immobilière" (sometimes abbreviated to CSI) is the procedural document that initiates the property seizure procedure. It is an act that the creditor must prepare with great care. For the debtor, its effects are as numerous as they are important.Can an undivided property be seized?
Law of guarantees, securities and enforcement measures, Licitation-partage, Civil procedure, Seizure of immovable propertyAn undivided property can always be sold by auction. However, the procedure to be followed may vary.Can you have your property seized if you pay your mortgage? 3 concepts to master
Law of guarantees, securities and enforcement measures, Seizure of propertyIs it possible to have your property seized if you pay your mortgage? It's unlikely, but it's not impossible.How can you oppose a property seizure? Analysis of 3 solutions
Law of guarantees, securities and enforcement measures, Seizure of propertyOpposing a property seizure is not easy. What can you do to prevent it? We take a look at the solutions available.Wrongful attachment
Law of guarantees, securities and enforcement measures, Attachment of assetsHaving your bank account seized is often a brutal and destabilising experience. From one day to the next, your funds are blocked, depriving you of access to your own money. While this procedure is legal, it does not allow for all excesses. A seizure can be abusive,...Attachment: how does it work?
Law of guarantees, securities and enforcement measures, Attachment of assetsAttachment is a formidable procedure, and one that is difficult to combat. We explain how.Recourse against a bailiff
Guarantees, securities and enforcement law, BailiffsWhen faced with a judicial commissioner, people may feel powerless. A public officer, this auxiliary of justice, formerly a bailiff, fulfils a public service mission by being responsible for enforcing legal decisions and serving documents. However, like any professional, they may commit errors or omissions.Identification of the property in the event of foreclosure
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to seizing property, there are specific requirements for identifying the debtor. Here's the lowdown.Identifying the seized debtor in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to seizing property, there are specific requirements for identifying the debtor. Here's the lowdown.The pursuing creditor in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyArticle L. 311-2 of the French Code of Civil Enforcement Procedures states that "Any creditor in possession of a writ of execution recording a claim that is due and payable may proceed with a seizure of property under the conditions laid down by this Book and by the provisions of Book I that do not conflict with it"....Procedural rules specific to civil enforcement proceedings and the seizure of real estate
Law of guarantees, securities and enforcement measures, Seizure of propertyThe procedure has the reputation of being the most complex and difficult to implement civil enforcement procedure in the Code of Civil Enforcement Procedures. Nonetheless, it shares several features common to all civil enforcement procedures. The concept of proceedings The concept of proceedings...Identification of buildings in deeds published in the property register
Law of guarantees, securities and enforcement measures, Seizure of propertyPublication of procedural deeds in the property register requires that the properties be identified in accordance with the rules governing land registration. The information that the deed must contain is detailed in paragraphs 1 and 3 of article 7 of decree no. 55-22 of 4 January 1955, which concern...Identification of individuals in deeds published in the property register
Law of guarantees, securities and enforcement measures, Seizure of propertyThe publication of procedural documents in the real estate register requires the parties to be identified in accordance with the rules governing land registration, which go beyond the requirements of article 54 of the Code of Civil Procedure. Identification of natural persons The first paragraph of article 5 of decree no. 55-22...The descriptive report of the property in foreclosure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe descriptive report is a report in which the bailiff enters the premises to describe them. We will look first at the usefulness of this procedure, then at the legal framework for drawing it up, and finally at its content. The usefulness of the descriptive report The descriptive report of the property is similar to a...
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