Foreclosure
Seizure for sale: fundamental principles and requirements
By Raphaël MORENON20 March 2025Seizure for sale is regularly used to obtain compulsory payment of a debt. But do you know how it works? When can it be used? Who can use it and against whom? Our firm of enforcement lawyers analyses the key aspects of this procedure. Introduction: what is an attachment for sale? An attachment for sale enables a creditor with a writ of execution to sell the debtor's tangible assets and obtain payment from the sale price. This enforcement procedure is governed by articles L. 221-1 to L. 221-6 and R. 221-1 to R. 221-61 of the French Code of Civil Enforcement Procedures. Seizure and sale serves two distinct purposes: Conservatory: to make the debtor's assets unavailable Payment: to obtain a forced sale of the assets in order to recover the debt The entry into force of the Code of Civil Enforcement Procedures (1 June 2012) modernised this procedure, formerly known as "seizure and sale"....
What assets can be subject to seizure and sale?
Law of guarantees, securities and enforcement measures, seizure and saleSeizure and sale is a procedure whereby a creditor in possession of a writ of execution can sell the debtor's tangible assets and obtain payment from the proceeds. This compulsory execution measure, provided for in articles L. 221-1 et seq. of the Code des procédures civiles d'exécution (CPC exéc.), raises...The special status of vehicles in repossessions
Law of guarantees, securities and enforcement measures, seizure and saleA vehicle often represents an accessible asset for a creditor seeking to recover a debt. The seizure and sale procedure has its own special features when it comes to land-based motor vehicles. There are a number of rules governing this procedure, ranging from relative unseizability to specific practical arrangements. The seizability of the vehicle The seizability of a vehicle...Incidents relating to the ownership of goods in a foreclosure sale
Law of guarantees, securities and enforcement measures, seizure and saleSeizure and sale, a compulsory execution procedure enabling a creditor to sell the debtor's movable property, is not immune from incidents. Among the most sensitive are disputes over the ownership of the goods seized. From misidentification, to situations where the debtor lives with the debtor, such as...Attachment for sale in the context of collective proceedings and overindebtedness
Law of guarantees, securities and enforcement measures, seizure and salehtml Have you obtained a writ of execution against your debtor and are you ready to launch a seizure and sale? Be careful: the opening of collective proceedings or a case of overindebtedness can change everything. These specific legal situations impose strict rules that suspend or prohibit individual enforcement measures. Here's how...Objections and the addition of creditors to the seizure for sale
Law of guarantees, securities and enforcement measures, seizure and saleForeclosure often puts creditors in a competitive situation. How do you divide up the spoils when several creditors are after the same debtor's assets? This question, far from being theoretical, arises daily in the French courts. In the past, the adage "saisie sur saisie ne vaut" ("seizure upon seizure is not worth anything") meant that the second creditor had to wait...
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