The principle is simple: a creditor in possession of a writ of execution may seize the debtor's assets to obtain payment of the debt. However, this prerogative is not absolute. The legislator has established a delicate balance between the creditor's legitimate right to recovery and the need to preserve the debtor's dignity by guaranteeing minimum living conditions. This balance is embodied in a set of rules defining income and assets as exempt from seizure. These provisions form a fundamental basis for debtor protection in enforcement proceedingsThis is a technical field in which precise knowledge of the texts is crucial.
Unseizability of maintenance claims and earned income
First and foremost, the law protects resources considered vital to the debtor and his family. This protection covers maintenance claims, which ensure subsistence, and a significant proportion of income from a professional activity.
Maintenance claims (alimony, accident benefits)
Article L. 112-2, 3° of the French Code of Civil Enforcement Procedures states that "provisions, sums and pensions relating to maintenance" are exempt from seizure. This category is interpreted broadly by the courts. It includes not only traditional maintenance payments, but also sums such as the compensatory allowance paid after a divorce. Although the latter is of a mixed nature, providing both compensation and maintenance, case law has ruled in favour of its total unseizability in order to protect its role as financial support. Similarly, compensation paid to the victim of a personal injury may be considered as maintenance if it is intended to meet his or her urgent needs, thereby protecting him or her from creditors. The exception to this principle is logical: these sums can be seized again if the creditor is the one who provided the maintenance for which payment is claimed.
Earnings from work and their unseizable portions
For most people, their salary is their main, or even only, source of income. A total seizure would paralyse the life of the debtor. That's why the Labour Code provides for a system of partial unseizability. Only a fraction of the salary may be seized, calculated according to a progressive scale that increases with the level of income. Adjustments are also made to take account of dependants (spouse, children, ascendants).
There is one fundamental rule that guarantees debtors a living wage: they must be left with a sum equivalent to the lump sum of the Revenu de Solidarité Active (RSA) for a single person. This portion is absolutely unseizable, whatever the debt. The sums taken into account when calculating the seizable portion include net salary, bonuses and benefits in kind, after deduction of compulsory social security contributions and income tax withheld at source.
Remuneration derived from literary and artistic property
Authors, composers and artists benefit from specific protection for income derived from their rights. Under article L. 333-2 of the French Intellectual Property Code, sums due to them from the exploitation of their works are exempt from seizure "insofar as they are of a maintenance nature". The legislator has set a particularly high threshold for protection, since the unseizable portion cannot be less than four-fifths of the income concerned, subject to an annual ceiling. This protection is designed to ensure that creators are not deprived of the fruits of their labour, which are considered an essential resource.
Protection of social benefits: a safety net for debtors
In the interests of national solidarity, most social benefits paid by social security bodies are protected against seizure. This protection is either total or based on the salary system, to ensure that these benefits fulfil their support function.
Sickness, maternity, industrial injury, disability, widow's/widower's and unemployment benefits
Daily allowances paid in the event of illness, maternity or an accident at work may be seized, but only up to the same limits and in the same proportions as wages. The same applies to disability pensions, widow's/widower's pensions and unemployment benefit. The guiding principle is the same: as these benefits replace income from work, they must benefit from identical protection, while preserving the part necessary for the day-to-day life of the debtor and his family.
Family benefits and housing benefit
As a matter of principle, family benefits (family allowance, family supplement, etc.) and housing benefit are declared exempt from seizure by the French Social Security Code (article L. 553-4). However, there are strict exceptions to this rule. They may be seized to pay maintenance debts (such as children's canteen fees) or to repay undue payments obtained by fraud. The aim here is to ensure that these benefits are actually used for their intended purpose, which is the maintenance and education of children, or housing assistance.
Active solidarity income (rsa): total unseizability
The Revenu de Solidarité Active (RSA) is absolutely protected. Article L. 262-48 of the Code de l'action sociale et des familles states that it is "non-transferable and non-seizable". There are no exceptions, even for maintenance debts. This full protection reaffirms the final safety net nature of this allowance, which is intended to guarantee a minimum living income.
The unseizability of sums held in an account: the unseizable bank balance (sbi)
Income protection would not be complete if it did not extend to the sums deposited in a bank account. To counter the effect of the fungibility of deposits, the law has created a specific mechanism guaranteeing debtors access to a minimum subsistence level.
The principle of fungibility of sums and its exceptions
The major challenge lies in the very nature of a bank account: sums get mixed up in it. Once paid out, an unseizable income (such as RSA or the unseizable part of a salary) merges with other deposits and, in theory, loses its identity. This is the principle of fungibility. Without a corrective mechanism, a creditor could seize the entire balance, wiping out the protection afforded by law. To guard against this risk, the legislator has established the principle that unseizability is carried over to the balance of the account. This mechanism complements the broader distinction between unavailable and unseizable claims in attachment proceedingsby offering immediate flat-rate protection.
The implementation and conditions of the sbi
To make this protection effective and simple, the law has introduced the SBI (Solde Bancaire Insaisissable). When a deposit account is seized, the bank is obliged to automatically leave a sum equal to the lump sum of the RSA for a single recipient at the disposal of the individual debtor. This amount is made available without the debtor having to take any action. The SBI acts as emergency protection, ensuring that the seizure does not deprive the debtor of any immediate resources for essential needs. The debtor may then, if necessary, request that additional sums be made available, providing proof that they are exempt from seizure (for example, the exempt portion of his or her disability pension, which would exceed the amount of the SBI).
Guarantees and penalties in the event of abuse
The system is designed to be automatic. The bank informs the debtor of the amount left available under the SBI. If several accounts are seized, even in different institutions, the SBI amount is left only once. The bailiff then coordinates the operation to avoid duplication. If the debtor manoeuvres to obtain a sum greater than that to which he is entitled, he is liable not only to have to return it to the creditor, but also to be ordered to pay damages in the event of proven fault.
Personal property that cannot be seized for day-to-day use or in the public interest
In addition to income, the law also protects certain movable assets deemed essential to the day-to-day life of the debtor and his family, or necessary for purposes of public interest.
A list of personal property needed by the debtor and his family (clothing, furniture, work tools)
Article L. 112-2, 5° of the Code of Civil Enforcement Procedures sets out the principle that "movable property necessary for the life and work of the distrainee and his family" is exempt from seizure. The law sets out a precise list of exempt furnitureaimed at preserving the debtor's dignity. These include :
- Clothing and bedding.
- Household linen and personal care items.
- Foodstuffs.
- Household items essential for preparing and eating meals (table, chairs, heating appliances, washing machine).
- Books and objects useful for further education or vocational training.
- The work tools necessary for the personal exercise of the professional activity.
- Memories of a personal or family nature.
- Pets kept at home or in kennels.
Limits to the unseizability of these assets
This protection is not without limits. Property that is normally exempt from seizure can be seized in a number of circumstances. The most common is where the debt corresponds to the purchase price of the property itself: the seller or the lender who financed the purchase can have it seized. Seizure also ceases if the property is located in a place other than the debtor's home or place of work. Lastly, goods of great value (because of their material, rarity or luxurious nature) or present in excessive quantities may once again become subject to seizure. The assessment is made on a case-by-case basis: a vehicle may be a work tool that cannot be seized for a craftsman, or a simple comfort item that can be seized for another.
Protection of beneficiaries of child welfare and disabled persons
The law strengthens protection for the most vulnerable people. Items belonging to beneficiaries of child welfare services are completely exempt from seizure. Similarly, items that are essential for the disabled or used to care for the sick are exempt from seizure, and not even the seller or manufacturer can seize them to recover the price. This rule protects the autonomy and health of these people.
Property required for commercial purposes, trade union activities and cultural heritage
Some assets are protected not in the direct interest of the debtor, but in the general interest. For example, commercial instruments (bills of exchange, promissory notes) are considered unseizable so as not to hinder the security of commercial transactions. On a different note, the movable and immovable property required for meetings and training sessions of a professional trade union are protected to guarantee trade union freedom. Finally, cultural property loaned by a foreign power for an exhibition in France is also declared exempt from seizure, in order to preserve international cultural exchanges.
The distinction between seizable and unseizable assets is a complex area, where each personal and professional situation must be analysed in the light of the law and case law. Navigating these rules requires a detailed analysis if you are to assert your rights. To benefit from expertise in enforcement procedures To find out more about our firm and defend your interests, we recommend that you contact our lawyers.
Sources
- Code of civil enforcement procedures
- French Labour Code
- Social Security Code
- Intellectual Property Code
- Social Action and Family Code
- Civil Code
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