Guarantees, securities and enforcement law
Can a bailiff seize a person who is not solvent?
By Raphaël MORENON1 April 2026Last update: 1 April 2026 - legal enrichment (definition insolvency, protective attachment, organised insolvency, attachment costs, creditor/CIVI recourse, updated diversion reform, FAQ) Yes, a judicial officer (formerly a bailiff) can initiate attachment proceedings against a person who is not solvent. However, his action remains strictly limited: certain assets and income are exempt from seizure, the debtor retains a minimum standard of living, and there are several ways of suspending or contesting the proceedings. If the debtor has no assets that can be seized, the court commissioner will draw up a report of unsuccessful searches - the debt will still be owed, but collection will be de facto suspended. What is an insolvent person in the legal sense? Insolvency refers to the situation of a debtor whose liabilities (debts) exceed his assets (seizable assets). Under French law, there is no formal insolvency status for individuals: unlike companies, natural persons do not have the legal status of insolvent persons.
Unseizable income and assets: understanding the limits of creditors' action against debtors' assets
Guarantees, securities and enforcement lawThe 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...Protection of debtors in enforcement proceedings: rights, limits and remedies
Guarantees, securities and enforcement lawWhen a creditor initiates seizure proceedings, the debtor is not left to fend for himself. French law provides a veritable arsenal of safeguards - assets that cannot be seized, a strict framework for interventions at home, supervision by the enforcement judge, limits on the search for information about assets - to ensure that debt collection is not...Pacte commissoire and judicial allocation: alternatives to seizure of property for creditors
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen a creditor is faced with an unpaid debt, seizure of property is often seen as the most effective way of recovering the debt from the debtor's assets. However, although this procedure is effective, it is notoriously lengthy and complex. Faced with this situation, French law has...The performance bond: a sui generis personal guarantee for the performance of obligations
Guarantees, securities and enforcement lawThe execution surety, a mechanism that is often misunderstood by the general public, nevertheless represents a highly flexible personal guarantee. It forms part of an arsenal of protections available to creditors, as we discussed in our comprehensive guide to creditor guarantees in the law of obligations. Unlike security interests...Joint and several liability and indivisibility of obligations: key guarantees for creditors
Guarantees, securities and enforcement lawWhen a creditor grants credit or enters into a contractual relationship, the main concern is to ensure that the debt is paid. The risk of debtor insolvency is an economic reality that can jeopardise the financial equilibrium of any business. Among the range of intrinsic guarantees available to creditors, such as...Action paulienne: the creditor's recourse against fraud organised by his debtor
Guarantees, securities and enforcement lawWhen a debtor organises his insolvency in order to escape his obligations, the creditor may feel powerless. However, French law offers specific and powerful protection against such fraudulent manoeuvres: the action paulienne. Often overlooked by non-lawyers, it can render acts of wilful impoverishment ineffective. This article explains...Actions for rescission and derivative actions: creditor remedies for debtor inaction
Guarantees, securities and enforcement lawWhen a contract is not honoured, creditors often find themselves at a loss, faced with the debtor's inertia or default. The law of obligations, far from being a mere compendium of theoretical principles, offers powerful practical tools for protecting creditors' interests and punishing contractual non-performance. These mechanisms are...The defence of non-performance and the right of retention: mechanisms for the creditor's self-defence
Guarantees, securities and enforcement lawWhen a business partner, supplier or customer fails to honour its commitments, the first instinct is often to suspend its own obligations in return. While this reaction is legitimate in principle, it is governed by precise legal mechanisms that enable creditors to protect themselves without putting themselves at risk.Pledging of exploitation rights: cinematographic films and software, specialised securities
Law of guarantees, security interests and enforcement measures, PledgingIn addition to traditional tangible assets, a company's economic value increasingly lies in its intangible assets. For creative and technological industries, the exploitation rights to a film or software often represent the bulk of their assets. Obtaining financing based on these assets requires special tools...Pledging of shares: guarantees and issues for civil and commercial companies
Law of guarantees, security interests and enforcement measures, PledgingWhen a company seeks to obtain financing, the collateral required by lenders is often at the heart of the negotiations. Among the tools available, the pledge of shares represents an effective security, enabling a partner to guarantee a debt by using his own shares as collateral. This technique, which...Pledging: a complete guide to security interests in intangible property under French law
Law of guarantees, security interests and enforcement measures, PledgingLast update: 26 March 2026 - Enhancement of pledges on life insurance and financial instrument accounts Pledges are an essential legal mechanism for securing financing, but their complexity can confuse entrepreneurs and managers. It is a powerful guarantee, a security interest in movable property by means of which...Securities account pledging in the DEEP era (Blockchain): challenges and opportunities
Law of guarantees, security interests and enforcement measures, PledgingThe pledge of financial securities is an essential guarantee for many financing transactions. Traditionally recorded in a securities account, it is undergoing a major evolution with the emergence of blockchain technology. This innovation, recognised in French law under the name Dispositif d'Enregistrement Électronique Partagée (DEEP), opens up new prospects...Creating a securities account pledge: formalities, documents and best practice
Law of guarantees, security interests and enforcement measures, PledgingThe pledge of a securities account is a powerful and flexible guarantee mechanism, widely used in business to secure financing or a transaction. However, it has to be set up in accordance with a precise set of formalities, each stage of which determines its validity and effectiveness. A simple error or omission...Pledging a securities account: a complete guide to securing your financial assets
Law of guarantees, security interests and enforcement measures, PledgingLast update: 26 March 2026 - Enhanced dynamic management of the basis of assessment and pledge certificate Pledging of securities accounts is one of the most effective forms of security under French financial law. Governed by article L. 211-20 of the French Monetary and Financial Code, this mechanism enables...The professional organisation and discipline of judicial officers: understanding the workings of a regulated body
Commissaire de justice, Guarantees, securities and enforcement lawIn the shadows of our legal system work the judicial commissioners. These professionals wield considerable powers on a daily basis: they serve documents, enforce court rulings and carry out seizures. The question is: how can we be sure that they are honest and competent? The legislator has...Enforceable titles in French law: a practical guide
Guarantees, securities and enforcement lawWhen a debtor refuses to pay, the creditor is often at a loss. Without a writ of execution, it is impossible to initiate enforcement proceedings. Every week, our firm receives clients who discover this reality after several months of unsuccessful reminders. What is a writ of execution? An enforceable title is the key to...I can't pay the bailiff: what should I do?
Guarantees, securities and enforcement lawReceiving a letter from a judicial commissioner (formerly a bailiff) and not being able to pay the sum claimed is a frightening situation. However, ignoring the problem is the worst strategy for avoiding more serious consequences. There are practical solutions for dealing with the situation, negotiating and, if necessary,...Understanding auctions - principles and definitions
Guarantees, securities and enforcement law, AuctionsWhat is an auction? Legal definition An auction is an offer to buy an item at a specific price at a public sale. It represents a bid made by a bidder as part of a specific procedure. This offer to purchase is part of a formalised process in which the item is awarded to the highest bidder....The liability of the commissaire de justice: what recourse is available in the event of misconduct?
Commissaire de justice, Guarantees, securities and enforcement lawA lost document of service. An irregular auction sale. A seizure of the wrong assets. To better understand the scope of his liability, it is useful to look at his professional status following the merger. Even the judicial commissioner, a sworn ministerial officer, is not...Monopolistic missions of the judicial commissioner
Commissaire de justice, Guarantees, securities and enforcement lawBehind their official title, judicial commissioners hold a power that no one else can exercise. This legal professional alone has the authority to perform certain acts that are essential to the smooth operation of our legal system. But what exactly are these exclusive prerogatives? And how do they differ from the competitive activities of...
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