Attachment lawyer

Your bank account has just been seized. Or you have a writ of execution and your debtor is not paying. In both cases, the deadlines are short and the consequences immediate. Our firm works for creditors who want to recover their debts efficiently and for debtors who need to dispute their claims within a month. We use enforcement procedures on a daily basis, both before the enforcement judge and in direct negotiations.

Recovering a debt through seizure of assets

Your debtor has been sentenced but refuses to pay. Your reminders have had no effect. Attachment enables you to recover the funds directly from a third party - usually the debtor's bank - without further legal proceedings. This is the quickest way of enforcing claims for sums of money: it takes effect immediately.

As soon as the court commissioner serves the writ, the sums are allocated to the creditor and become unavailable to the debtor. No other creditor can seize them, even if collective proceedings are opened after the seizure. This mechanism of immediate allocation, introduced by the 1991 reform, makes seizure-attribution a formidable recovery instrument.

Our firm handles

Verification of the enforcement order and the updated statement of amounts due
Strategic choice of target: bank account, debt in the hands of a third party, rent, etc.
Coordination with the court commissioner for service of the writ of seizure
Monitoring garnishee declarations and checking their accuracy
Defence in the event of a dispute by the debtor before the enforcement judge
Obtaining a no-contest certificate and effective recovery

Art. L. 211-1 of the Code of Civil Enforcement Procedures

«Any creditor in possession of a writ of execution recording a claim that is due and payable may, in order to obtain payment, seize the debtor's claims for a sum of money from a third party. There are three cumulative conditions: a writ of execution (judgement, notarial deed, European writ of execution), a claim for a specific amount, and that the claim is due and payable - i.e. there is no current payment deadline.

Contesting an attachment order

You have received a notice of attachment. Your bank account has been blocked, your direct debits rejected and your transfers suspended. The deadline for responding is one month. After this period, the challenge is inadmissible and the funds are paid to the creditor.

A challenge before the enforcement judge is not a re-examination of the merits of the case: the judge does not go back on the initial sentence. On the other hand, he can cancel the seizure if it is irregular, reduce the amount if the statement of account is incorrect, or declare that the debt is time-barred. The Court of Cassation recently ruled that an error in the breakdown - for example, the inclusion of sums due under other enforceable titles - does not invalidate the attachment but merely reduces it (Cass. 2e civ., 27 March 2025, no. 22-18.591).

Our areas of defence

Prescription of the claim or extinction by prior payment
Irregularities in the act of seizure: compulsory information missing, incorrect statement of account, late notification (more than 8 days), etc.
Failure to comply with the unseizable bank balance (SBI): the bank must leave a sum equal to the RSA available, i.e. around €636 in 2026
Protection of sums that cannot be seized by their nature: family benefits, maintenance payments, sickness benefits, etc.
Contesting an enforcement order: unfair clauses, irregular service, incomplete enforcement form
Application for total or partial release before the enforcement judge, and damages for wrongful seizure where applicable

Art. R. 211-11 CPCE - Time limit for lodging a complaint

«Disputes relating to the seizure must be lodged within one month of notification of the seizure to the debtor, failing which they will be inadmissible. Disputes are lodged by summons with the enforcement judge. It must be notified on the same day to the court commissioner who carried out the seizure. For sums over €10,000, representation by a lawyer is compulsory.

The attachment procedure in 5 stages

The seizure-attribution procedure is subject to strict formalities set out in the Code of Civil Enforcement Procedures. The slightest defect can result in the measure becoming null and void - a lever for dispute for the debtor and a risk to be managed for the creditor.

The 5 stages of seizure-attribution

Service on the garnishee

Third party declaration

Notice to debtor (8 days)

Any objections (1 month)

Payment

The court commissioner serves the writ of attachment directly on the bank or third party holding the funds. The latter must immediately declare the balance of the accounts and the extent of its obligations towards the debtor. The creditor then has 8 days to notify the debtor of the seizure by a court officer. Failing this, the attachment lapses.

The debtor then has one month to contest before the enforcement judge. If there is no dispute, the creditor obtains a no-contest certificate from the registry and the bank releases the funds. If there is a dispute, payment is suspended until the judge has made a decision.

For seizures on bank accounts, a period of 15 working days allows outstanding transactions to be cleared - cheques issued, card payments, direct debits prior to seizure. The definitive balance that can be seized is calculated at the end of this period.

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Frequently asked questions

How long does the freeze on my account last after an attachment?

The account is blocked as soon as the bank is notified of the seizure. A period of 15 working days is allowed for outstanding transactions (cheques, transfers, previous direct debits) to be cleared. At the end of this period, the seizable balance is final. If you do not contest the denunciation within one month, the funds are paid to the creditor. The total duration of the freeze therefore depends on how you react: if you do not contest the seizure, you should allow around six weeks between the seizure and the payment.

Do I need a lawyer to contest an attachment order?

If the claim exceeds €10,000, you must be represented by a lawyer before the enforcement judge. Below this threshold, you can defend yourself, but the challenge requires a writ of summons drawn up in the correct form and served on the court commissioner on the same day. In practice, the very short deadlines and the formalism of the procedure make the assistance of a lawyer essential in the vast majority of cases.

Can the same bank account be seized several times?

Yes, there is nothing to prevent the creditor from making several successive seizures on the same account, as long as the debt has not been paid in full. Each new seizure constitutes an autonomous act, subject to the same formal and substantive conditions. The unseizable bank balance (SBI) must be respected for each seizure.

What should I do if the bank has not respected the unseizable bank balance?

The bank must automatically leave you a sum equal to the amount of the RSA for a single person (approximately €636 in 2026), without any action on your part. If this minimum has not been respected, you can ask for the unduly seized sums to be returned to you. The bank may be liable as a garnishee if it has failed to fulfil its reporting obligations or if it has not made the SBI available.

Can a distraint order be set aside for a formal defect?

The Cour de cassation distinguishes between substantive and formal irregularities. The absence of a valid writ of execution or the lack of a claim that is liquid and due entails nullity by operation of law. Defects of form - such as an incomplete enforcement order or an error in one of the entries in the document - are only penalised if the debtor can demonstrate a grievance, i.e. a concrete prejudice caused by the irregularity. On the other hand, if the debtor fails to notify the court within the 8-day time limit, the seizure lapses, without it being necessary to demonstrate a grievance.

Guides - Enforcement procedures

Methods of execution ->

It's not enough to be right: you also need to obtain payment. Enforcement procedures - officially civil enforcement procedures - are the toolbox of the creditor in possession of an enforceable title. This comprehensive guide sets out the rationale behind them: the legal basis, the two stages (precautionary and enforcement), the measures available depending on the nature of the asset, the role of the court commissioner and the enforcement judge, and guidelines for choosing the right course of action.

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