Securing your debt with a protective attachment

Your customer doesn't pay. Your reminders go unanswered, or worse, you learn that he is starting to sell off his assets. Time is against you: every day that passes increases the risk that there will be nothing left to seize on the day you obtain a judgement.

Attachment allows you to immediately freeze your debtor's bank accounts, equipment, company shares or any other claim - without prior notice. This measure, governed by the Code of civil enforcement procedures, This can be done within 48 to 72 hours before the enforcement judge or the president of the commercial court.

The effect is formidable. The debtor discovers that his accounts have been frozen and is faced with a choice: pay his debt to obtain discharge, or suffer the freeze for the duration of the proceedings. In most cases, payment is made quickly.

Article L. 511-1 of the Code of Civil Enforcement Procedures

Any person whose claim appears to be well-founded in principle may apply to the court for authorisation to take protective measures against the debtor's assets, without a prior summons, if they can show that there are circumstances likely to jeopardise recovery. There are two cumulative conditions, which are assessed by the judge on a case-by-case basis: an appearance of a claim and a threat to recovery.

Our firm handles

  • Drafting the request for protective seizure and compiling the evidence file
  • Filing with the enforcement judge or the president of the commercial court (commercial claims)
  • Coordination with the court commissioner for the implementation of the measure
  • Notification to the debtor within the eight-day period
  • Initiation of proceedings on the merits within one month (summons for payment, provisional injunction, payment order)
  • The conversion of a precautionary seizure into a attachment after obtaining the writ of execution

When a judge's authorisation is not required

Article L. 511-2 of the CPCE exempts the creditor from any need for prior authorisation when he holds a writ of execution (even one that is not final), a court order, an unpaid accepted bill of exchange, a promissory note, an NSF cheque or a claim for unpaid rent under a written lease. In these cases, the court commissioner may seize the property directly.

The 6 stages of protective seizure

1

Application to the judge

2

Order

3

Execution

4

Whistleblowing

5

Action on the merits

6

Conversion

Challenging a seizure

Your bank accounts are frozen. Your business is paralysed. You discover that a creditor has had a protective seizure carried out - sometimes on the basis of a claim that you dispute, or under irregular conditions.

The debtor is not powerless. The enforcement judge can order the seizure to be lifted if the conditions set out in article L. 511-1 are not met: the claim is manifestly unfounded, there is no real threat to recovery, or there are procedural flaws. The debtor may also propose a substitute guarantee - a bank guarantee, for example - to obtain the release of his accounts while preserving the creditor's rights.

Our firm systematically checks compliance with formalities and deadlines. A late notification, Each irregularity can be used as a lever to have the case declared null and void or dismissed.

Our areas of defence

  • Contesting the validity of the claim asserted by the distrainor
  • Highlighting the absence of any real threat to collections
  • Check that deadlines are met (notice within 8 days, summons within one month)
  • Application for release before the enforcement judge (article L. 512-1 CPCE)
  • Proposal for a guarantee or substitute surety to unblock accounts
  • Action for damages if the seizure is abusive or disproportionate

How we work

Attachment can be carried out on any of the debtor's movable assets: bank accounts, receivables held by third parties, tangible movables (vehicles, stocks, equipment), shares and securities. The choice of asset to be seized depends on the debtor's financial situation and the objective being pursued.

For creditors, our approach follows a two-stage logic. First, secure: obtain the court order, have the seizure carried out and freeze the assets. Then convert: initiate proceedings on the merits, obtain the writ of execution, transform the protective attachment into an attachment for payment (for receivables) or an attachment for sale (for movables). The seizure of receivables gives the distrainor a preferential right over the blocked sums - a decisive advantage over other creditors.

For debtors, we intervene urgently before the enforcement judge to contest the measure or negotiate an adjustment. The aim is to restore normal operation of the accounts as quickly as possible, while preserving your rights in the substantive dispute.

Le debt collection and enforcement procedures are part of our day-to-day practice. This regular practice enables us to anticipate difficulties - in particular the interaction between seizure of assets and enforcement of judgments. collective proceedings, The conversion must be made prior to the opening of the bankruptcy proceedings, failing which the benefits of the measure will be lost.

Deadlines not to be missed

Attachment is a procedure with strict deadlines. Each stage is subject to a timetable, failure to comply with which will result in the seizure lapsing - i.e. the retroactive loss of all the effects of the seizure.

  • 3 months after the order to implement the measure (article R. 511-6 CPCE). After that, the judge's authorisation lapses.
  • 8 days after execution to report the seizure to the debtor (articles R. 522-5 and R. 523-3 CPCE). This time limit is the most common pitfall in practice.
  • 1 month after enforcement to initiate proceedings on the merits, if the creditor does not already have a writ of execution (article L. 511-4 CPCE). An interim injunction is sufficient.
  • 15 days for the debtor to contest the act of conversion into an attachment for payment (article R. 523-8 CPCE). Once this period has elapsed, the creditor obtains payment on the basis of a no-contest certificate.

Compliance with these deadlines determines the effectiveness of the measure. This is why our firm closely monitors the procedural timetable, in close coordination with the court commissioner in charge of enforcement.

Depending on the configuration of the file, you can also consult our pages dedicated to the attachmentthe foreclosure and our hub enforcement procedures.