Enforcement lawyer

Recovering your debt through compulsory execution

You have a judgment, notarial deed or other enforceable title, but your debtor refuses to pay. Your reminders have had no effect. Civil enforcement procedures give you the legal means to force payment - by seizing the debtor's accounts, assets or property.

Choosing the right enforcement measure depends on the debtor's assets, the nature of your claim and the urgency of the situation. Each procedure has its own conditions, deadlines and pitfalls. Our firm analyses your writ of execution, identifies the assets that can be seized and implements the most effective collection strategy.

What we cover for the creditor

Audit of the enforcement order and verification of the statement of claim
Choice of the appropriate enforcement measure (attachment for payment, seizure of property, seizure for sale, seizure of shares, seizure of ship)
Coordination with the Commissioner of Justice for the implementation of seizures
Obtaining emergency protective measures when the debtor organises his insolvency
Representation before the enforcement judge in the event of a dispute
Statement of claim and defence of your rights in the event of the debtor's insolvency proceedings

Enforcement order - Art. L. 111-2 CPCE

No compulsory enforcement measure may be initiated without a writ of execution recording a liquid and due debt. This document may be a judgement, a notarised deed bearing the executory clause, a payment order or a conciliation report. Its validity is the first point we check before taking any action.

Contesting a seizure and defending your assets

A court commissioner has served you with a summons to pay. Your bank accounts have been frozen. Your property has been seized. These situations call for a swift response: the time limits for contesting a claim are short, and once they have expired, all avenues of appeal are closed.

Our firm can help you challenge irregular or disproportionate enforcement measures, negotiate payment deadlines before the enforcement judge, and protect your fundamental rights - in particular the unseizability of certain assets and the maintenance of an unseizable bank balance.

Our areas of defence

Challenging the validity of the enforcement order (prescription, expiry, formal defects)
Challenging the legality of the seizure procedure (time limits, service, assets exempt from seizure)
Application for release before the enforcement judge
Obtaining periods of grace (art. 1343-5 of the Civil Code)
Contesting the amount of the claim, interest or costs claimed
Defence in the event of property seizure: request for out-of-court sale, contesting the upset price, procedural incidents

Precautionary measures - Art. L. 511-1 CPCE

Unlike compulsory enforcement measures, precautionary measures do not require a writ of execution. Any person whose claim appears to be well-founded in principle can obtain authorisation from the court to seize the debtor's assets as a precautionary measure. Speed is of the essence: each day's delay increases the risk of assets being dissipated.

Our involvement in civil enforcement proceedings

Enforcement procedures cover a range of distinct procedures, each with its own rules. Our firm is involved in all these procedures, both as plaintiff and defendant. The enforcement judge (JEX), attached to the judicial court, is the court with jurisdiction to settle disputes.

Procedure	Object	Find out more
Attachment	Seizing sums held by a third party (bank, debtor's customer)	Detail
Seizure of property	Selling a debtor's property at auction	Detail
Precautionary seizure	Freezing the debtor's assets before judgment	Detail
Debt collection	From formal notice to enforcement	Detail
Seizure of a vessel	Immobilise or sell a vessel to guarantee payment	Detail
Seizure of shares	Seizing and selling the debtor's shareholdings in a company	Detail

Our firm works in coordination with the judicial commissioners for the service of documents and the practical implementation of seizures. The lawyer-commissioner relationship is essential: the lawyer defines the legal strategy and represents the debtor before the enforcement judge, while the commissioner carries out the measures on the ground.

We operate throughout France. In the case of property seizures, where representation by a lawyer is mandatory before the enforcement judge in the place where the property is located, we act as postulates or work with a local lawyer when the property is located outside the jurisdiction of the Marseilles judicial court.

Frequently asked questions

Is a lawyer compulsory in enforcement proceedings?

Before the enforcement judge, a lawyer is compulsory if the claim exceeds €10,000. In property seizures, legal representation is compulsory at all stages, regardless of the amount involved. For other enforcement measures (seizure of assets, seizure for sale), a lawyer is not legally required, but is strongly recommended given the technical nature of the procedures.

How long does an enforcement procedure last?

This depends on the measure chosen. An attachment for payment can take effect in a few days. A property seizure takes an average of 12 to 24 months. Protective measures can be obtained as a matter of urgency, sometimes within 48 hours with the judge's authorisation.

What should I do if my debtor is planning to become insolvent?

You need to act quickly. A precautionary measure (seizure of bank accounts, registration of a provisional judicial mortgage) makes it possible to freeze assets even before obtaining a judgment on the merits. The claim must simply appear to be well-founded in principle. Our firm can obtain the judge's authorisation within a few days.

Is it possible to contest a levy on your accounts?

Yes, within one month of notification of the seizure. The dispute is referred to the enforcement judge. The grounds may be that the debt is time-barred, a procedural defect or that the sums are unseizable (the unseizable bank balance, equivalent to the RSA, must be left to you). Disputes do not automatically suspend the seizure unless the judge decides otherwise.

Do you intervene in an emergency?

Yes, some situations require an immediate response: a protective attachment to be obtained before the debtor disposes of its assets, a challenge to an attachment for which the deadline has expired, or an application to have the attachment discharged in summary proceedings. Our firm is organised to deal with these emergencies.

What is the difference between enforcement and precautionary measures?

Enforcement (attachment for payment, seizure of property, seizure and sale) requires a writ of execution and aims to obtain actual payment. Conservatory measures (protective attachment, provisional judicial mortgage) do not require a writ of execution and are designed to preserve the debtor's assets pending a court decision. It must be converted into an enforcement measure once the writ of execution has been obtained.