Seizure of assets placed in a safe

By Raphaël MORENON

20 March 2025

Guarantees, securities and enforcement law, Seizure of assets placed in a safe

The seizure of assets placed in a safe is a particular operation of enforcement law. Although little known, this procedure is governed by specific rules that are of practical interest to creditors. 1 Framework and conditions for protective attachment Protective attachment enables a creditor to place a debtor's assets in the hands of the courts without a writ of execution. It differs from seizure for sale, which is aimed directly at realising the assets. To carry out a protective attachment, the creditor must have either a title or a judicial authorisation. Under article L. 511-1 of the Code of Civil Enforcement Procedures (CPCE), authorisation from the enforcement judge is required if the creditor does not have a title. In such cases, the creditor must provide evidence of circumstances likely to jeopardise the recovery of the debt. The creditor may also rely on a writ of execution, a court decision that is not enforceable, a bill of exchange, etc.