Precautionary seizure
The precautionary seizure of debts and its conversion into an attachment for payment: complete guide
By Raphaël MORENON15 July 2025Attachment of receivables is an essential legal procedure for creditors seeking to secure the recovery of their debt. It makes a sum of money owed to your debtor by a third party, such as a bank or a customer, unavailable even before a final court decision. However, this preventive measure is subject to precise formalities, from the moment it is triggered to its conversion into a definitive seizure, known as attachment for payment. The complexity of these stages and the strict deadlines to be met make it essential to master the procedure perfectly. When faced with a debtor who is planning to become insolvent, protective attachment is often the most effective way of safeguarding your rights while you wait to obtain a writ of execution. The assistance of a professional is crucial to the success of this procedure; the support of a lawyer who is an expert in enforcement procedures and protective attachments guarantees that your interests will be safeguarded. What is...
The subtleties of the seizure of movable tangible property: law, exceptions and disputes
Law of guarantees, securities and enforcement measures, Seizure of assetsThe seizure of tangible movable property is a procedure that enables a creditor to secure its claim by making the debtor's movable property unavailable. It is a preventive mechanism, a sort of asset "freeze", which anticipates any legal action or the obtaining of a writ of execution. And much more...Protective measures taken against you: how can you challenge and defend yourself?
Law of guarantees, securities and enforcement measures, Seizure of assetsHave you discovered that your bank account has been seized, your car immobilised as a precautionary measure, or that a legal mortgage has been registered on your house, without you even having been informed? This situation can be a source of concern, and even a feeling of injustice, especially if...Attachment: freezing your debtor's movable property and money
Law of guarantees, securities and enforcement measures, Seizure of assetsIn our previous article, we explored precautionary measures, essential legal tools for protecting your debts when their recovery is threatened. Preventive attachment is undoubtedly the most direct way of 'freezing' your debtor's assets before they disappear. It is a preventive action...Precautionary measures: why and how can you protect your receivables?
Law of guarantees, securities and enforcement measures, Seizure of assetsYour company has delivered goods or performed a service, but your customer is delaying payment. Worse still, you learn that they appear to be selling their assets or emptying their business accounts to avoid meeting their obligations. This situation, which is unfortunately common, can jeopardise the financial health of your business....Obtaining a protective measure: the procedure and exceptions to the judge's authorisation
Law of guarantees, securities and enforcement measures, Seizure of assetsYou have a debt that appears to be well-founded and its recovery is threatened, as we saw in our first article. The practical question then arises: how do you actually initiate a precautionary measure? Do you always have to get the go-ahead from a judge before taking action to protect your interests? The...Precautionary measures: protecting your claims before it's too late
Law of guarantees, securities and enforcement measures, Seizure of assetsWhen a debtor delays payment, time is rarely on the creditor's side. Between the time when a debt becomes due and the time when an enforcement order can be obtained, the debtor's assets risk evaporating. Precautionary measures are therefore an effective legal tool for preserving the debtor's chances...Seizures of tangible movables: instructions for use
Law of guarantees, securities and enforcement measures, Seizure of assetsWhen it comes to debt collection, seizure is an invaluable tool. Far from being a trivial measure, it allows you to temporarily freeze a debtor's assets without waiting for a writ of execution. This procedure is a response to the urgency of a situation where the debtor's assets could evaporate. Here's how it works.Attachment of receivables: freezing your debtor's bank assets
Law of guarantees, securities and enforcement measures, Seizure of assetsCompanies faced with unpaid debts have a legal arsenal at their disposal that is often little-known. Among these tools, the seizure of receivables is a particularly effective lever. This procedure makes it possible to quickly freeze the funds held by your debtor, particularly his bank accounts, even before obtaining a final judgement. 1. The strategic interest...Securities and shareholder rights: seizing them to secure your claim
Law of guarantees, securities and enforcement measures, Seizure of assetsIn an economic world where financial assets play a predominant role, creditors must adapt their collection strategies. Shares and other financial instruments often represent a substantial proportion of debtors' assets. Knowing how to seize them can prove decisive in securing payment of a debt. The...European attachment of bank accounts: recovering your debts across borders
Law of guarantees, securities and enforcement measures, Seizure of assetsRecovering money internationally can often be an obstacle course. A debtor domiciled in another country, bank accounts scattered across the European Union, divergent national legislation... These are just some of the obstacles that complicate cross-border debt collection. Since 2017, a new tool has changed all that: the European ordinance...Judicial sureties: an alternative to protective attachments
Law of guarantees, securities and enforcement measures, Seizure of assetsIf a debt is threatened, creditors have two options: precautionary seizure or legal security. The former freezes the debtor's assets and makes them unavailable. The second, less restrictive but just as effective, allows a preferential right to be registered over certain assets without immobilising them. This protection...Conservatory measures and insolvency proceedings: anticipating to protect your rights
Law of guarantees, securities and enforcement measures, Seizure of assetsWhen a creditor has a claim that appears legitimate but is not yet recognised by an enforceable title, he is in a precarious situation. If the debtor encounters financial difficulties and is the subject of collective proceedings, there is a great risk that his chances of recovery will vanish. Faced with...International aspects of precautionary measures
Law of guarantees, securities and enforcement measures, Seizure of assetsAs a creditor, how do you protect your rights when your debtor owns assets abroad? Precautionary measures offer a practical solution, but their international implementation raises complex issues. 1 Securing your international receivables Precautionary measures make it possible to secure a receivable by making it...Attachment of a bank account
Law of guarantees, securities and enforcement measures, Seizure of assetsGarnishment of a bank account is an effective way for creditors to protect themselves against the risk of non-payment. Analysis.
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