Guarantees, securities and enforcement law
Attachment: payment procedure, release of the garnishee and collection strategies
By Raphaël MORENON14 September 2025Attachment? Payment is crucial! A guide to understanding your rights and obligations (creditor, debtor, garnishee). Avoid mistakes.
Lapse of a summons to pay in lieu of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyTo understand the role of lapses in the seizure of property procedure, we need to look back a little. Under the old rules, i.e. before the reform of the procedure introduced by the Order of 21 April 2006, it was common for the procedure to drag on, sometimes for several years,...Expiry of the summons to pay in the event of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe concept of proceedings is not an obvious one in civil enforcement proceedings. This is undoubtedly why the legislature sought to limit the effects of a summons to pay in the form of a seizure over time by means of rules that are independent of the concept of the lapse of proceedings as it is...The effects of a summons to pay in the form of a seizure of property on third parties
Law of guarantees, securities and enforcement measures, Seizure of propertyA summons to pay for the seizure of property has effects on two categories of third parties: the third party holder and the third party. The effects of the summons to pay for the seizure of immovable property on the third party holder The effects of issuing the summons to pay for the seizure of immovable property on the third party holder are...The effects of a summons to pay in the form of a seizure on the debtor
Law of guarantees, securities and enforcement measures, Seizure of propertyThe effects of a summons to pay in the form of a seizure on the debtor, the third party purchaser and third parties are described in article R. 321-13 of the Code of Civil Enforcement Procedures, which states that "The unavailability of the property, the seizure of its fruits and the restriction of the rights of enjoyment and administration...Summons for the amicable sale of the debtor in a property seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe distrainee debtor has the unused option of summoning the creditor before the enforcement judge to submit a request for an out-of-court sale before the case is called for the orientation hearing. The procedure is blocked from the date of the judgment authorising the out-of-court sale. This has the very simple advantage...Publication of the summons to pay in the event of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe summons to pay must be published in the property register within 2 months of being served. It is then carried out by sending various documents to the land registry. The publication deadline Article R. 321-6 of the Code des...Service of the summons to pay in the event of seizure on the third party purchaser
Law of guarantees, securities and enforcement measures, Seizure of propertyProperty seizure proceedings are sometimes initiated against a third party who has acquired the encumbered property. The concept of third-party purchaser To fully understand how collection proceedings can be initiated against a third party, it is important to understand the concept of guarantee...Service of the summons to pay on the seized debtor
Law of guarantees, securities and enforcement measures, Seizure of propertyThe procedures for serving a summons to pay for the seizure of property depend on the situation of the distrainee. Here is an analysis of the procedures for serving the summons on the debtor. Joint debtors First of all, if there are joint debtors, the summons is simply served on each of them. Married debtors In the case of a married debtor,...A summons to pay in the form of a seizure is an act of disposal
Law of guarantees, securities and enforcement measures, Seizure of propertyThe seizure of property procedure has a reputation for being both difficult and dangerous. It owes this reputation to the number of deadlines it imposes on the lawyer and to its technical nature, but also to the fact that it is initiated by the debtor himself.Attachment and payment deadlines
Law of guarantees, securities and enforcement measures, Attachment of assetsAn attachment order does not allow the debtor to apply for a deferment of payment. Here's how it works.Seizure of real estate and judicial liquidation
Law of guarantees, securities and enforcement measures, Seizure of propertyJudicial liquidation has the effect of blocking the property seizure procedure. Placing the debtor under judicial liquidation has the effect of interrupting or prohibiting all civil enforcement proceedings. Temporarily, at any rate. The judicial liquidation of a corporate debtor The opening of collective proceedings halts or prohibits all civil enforcement...What happens if the debtor dies?
Law of guarantees, securities and enforcement measures, Civil procedureIn the event of the death of the debtor of a writ of execution, there are ways of continuing to collect a debt. It all depends on the status of the estate. The debtor is deceased and his heirs are known When the creditor knows the debtor's heirs, the progress of recovery depends on...Notice of attachment: how does it work?
Law of guarantees, securities and enforcement measures, Attachment of assetsAttachment is a dreadful enforced collection procedure for debtors, who see their claims transferred to their creditors. The notification of this act by a court commissioner is a fundamental step: it informs you of the measure and is the starting point for the deadline for...Summons to pay for the seizure of property with a mortgage guarantee
Model, Seizure of propertyIN THE YEAR TWO THOUSAND AND NINETEEN, and on AT THE REQUEST OF: ALBINOISE, a public limited company with a Management Board and a Supervisory Board and share capital of €24,741,936.00, registered in the Marseille Trade and Companies Register under no. 054 899 530, whose...Summons to pay in lieu of seizure of property
Model, Seizure of propertyTHE YEAR TWO THOUSAND AND TWENTY-FOUR, AND AT THE REQUEST OF: ALBINOISE, a public limited company with a Management Board and Supervisory Board and share capital of €24,741,936.00, registered in the Marseille Trade and Companies Register under no. 054 899 530, having its registered office at...Can you sell a mortgaged house?
Law of guarantees, securities and enforcement measures, Seizure of propertyIs it possible to sell a mortgaged house? You want to sell your mortgaged house or flat. How do you go about it? What is a mortgage? Mortgages belong to the category of security interests. The concept of security refers to all the guarantees that a creditor can take out to secure the payment of...Property seizure and the impossibility of resolving disputes amicably
Law of guarantees, securities and enforcement measures, Seizure of propertyMany customers ask us how to get out of the impasse. How can I refinance a loan to avoid having my home repossessed?Foreclosure does not cover the debt: analysis
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen a foreclosure sale does not cover the entire debt, the financial situation becomes a real headache for both the debtor and the creditor. The borrower wonders how much still needs to be paid, while the creditor assesses how much can still be recovered. If you want to take on new debt...Challenging an attachment order: 5 arguments
Law of guarantees, securities and enforcement measures, Attachment of assetsHaving your bank account seized is often a brutal and destabilising financial ordeal. Carried out without prior warning by a creditor in possession of an enforcement order, it presents the debtor with a fait accompli. It is possible to challenge this complex procedure, but it must be done within a legal framework and in accordance...The effects of the expiry of a summons to pay in lieu of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe effects of the expiry of a summons to pay in the form of a seizure of property are often misunderstood. Here's the lowdown. Expiry of the effects of a summons to pay valid as a seizure The summons to pay valid as a seizure has extremely important effects on the debtor. It...
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