Enforcing your claim through compulsory execution
You hold a court judgment, a notarial deed or another enforceable title (titre executoire), but your debtor refuses to pay. Reminders have gone unanswered. French civil enforcement law provides the legal means to compel payment – by seizing your debtor’s bank accounts, assets or real property.
Choosing the right enforcement measure depends on the debtor’s assets, the nature of your claim and the degree of urgency. Each procedure has its own requirements, time limits and pitfalls. Our firm reviews your enforceable title, identifies seizable assets and implements the most effective recovery strategy.
What we handle for creditors
- Audit of the enforceable title and verification of the debt calculation
- Selection of the appropriate enforcement measure (garnishment, real property foreclosure, seizure of goods, seizure of company shares, ship arrest)
- Coordination with the commissaire de justice (judicial enforcement officer) for execution of the seizure
- Obtaining protective measures on an urgent basis where the debtor is dissipating assets
- Representation before the enforcement judge (juge de l’execution, or JEX)
- Filing of claims in insolvency proceedings if the debtor enters redressement or liquidation judiciaire
The enforceable title – Art. L. 111-2 CPCE
Under French law, no enforcement measure may be commenced without an enforceable title (titre executoire) evidencing a debt that is certain, liquidated and due. This title may be a court judgment, a notarial deed bearing the enforcement clause (formule executoire), a payment order (ordonnance d’injonction de payer) or a conciliation record. Verifying its validity is the first step we take before any action.
Challenging a seizure and protecting your assets
A judicial enforcement officer has served you with a payment order. Your bank accounts are frozen. Foreclosure proceedings have been initiated against your property. These situations demand swift action: the time limits for challenging enforcement are short, and once they expire, your avenues of recourse close.
Our firm acts to challenge irregular or disproportionate enforcement measures, negotiate payment extensions before the enforcement judge, and safeguard your fundamental rights – including the protection of exempt assets and the maintenance of the minimum bank balance that French law requires to remain available to every debtor.
Our lines of defence
- Challenging the validity of the enforceable title (limitation, lapse, formal defects)
- Challenging procedural irregularities in the seizure (time limits, service of process, exempt assets)
- Application for discharge (mainlevee) before the enforcement judge
- Obtaining a grace period for payment (art. 1343-5 of the French Civil Code)
- Challenging the amount of the debt, interest or costs claimed
- Defence in foreclosure proceedings: application for private sale, challenge to the reserve price, procedural incidents
Protective measures – Art. L. 511-1 CPCE
Unlike compulsory enforcement measures, protective measures (mesures conservatoires) do not require an enforceable title. Under French law, any person whose claim appears prima facie well-founded may obtain judicial authorisation to freeze the debtor’s assets on a precautionary basis. Speed is critical: every day of delay increases the risk that assets will be dissipated.
Our enforcement practice
French civil enforcement law covers a range of distinct procedures, each governed by its own rules. Our firm handles all of them, acting for both creditors and debtors. The enforcement judge (juge de l’execution, or JEX), sitting within the tribunal judiciaire, has exclusive jurisdiction over enforcement disputes.
| Procedure | Purpose | More information |
|---|---|---|
| Garnishment (saisie-attribution) | Seize funds held by a third party (bank, debtor’s client) | Details |
| Real property foreclosure (saisie immobiliere) | Force the judicial sale of the debtor’s real property | Details |
| Freezing order (saisie conservatoire) | Freeze the debtor’s assets before judgment | Details |
| Debt recovery (recouvrement de creances) | From demand letter to compulsory execution | Details |
| Ship arrest (saisie de navire) | Arrest or sell a vessel to secure payment | Details |
| Seizure of shares (saisie de parts sociales) | Seize and sell the debtor’s shareholdings in a company | Details |
Our firm works in close coordination with commissaires de justice (judicial enforcement officers) for service of process and the practical execution of seizures. This lawyer-enforcement officer partnership is essential: the lawyer devises the legal strategy and represents the client before the enforcement judge, while the commissaire de justice carries out the measures on the ground.
We act throughout France. In real property foreclosure cases, where legal representation is mandatory before the enforcement judge of the district where the property is located, we either appear directly or collaborate with local counsel when the property falls outside the jurisdiction of the Marseille tribunal judiciaire.
Frequently asked questions
Is a lawyer mandatory for enforcement proceedings in France?
Before the enforcement judge, a lawyer is mandatory when the claim exceeds 10,000 euros. In real property foreclosure, legal representation is required at every stage, regardless of the amount. For other enforcement measures (garnishment, seizure of goods), a lawyer is not legally required but is strongly recommended given the technical complexity of the procedures.
How long do enforcement proceedings take in France?
It depends on the measure chosen. A garnishment order (saisie-attribution) can take effect within days. Real property foreclosure typically takes 12 to 24 months. Protective measures can be obtained on an urgent basis, sometimes within 48 hours with judicial authorisation.
What if my debtor is dissipating assets?
Act quickly. A protective measure (saisie conservatoire on bank accounts, provisional judicial mortgage) allows you to freeze assets before obtaining a judgment on the merits. The claim need only appear prima facie well-founded. Our firm can obtain judicial authorisation within days.
Can a bank account garnishment be challenged?
Yes, within one month from the date the seizure is served on the debtor. The challenge is brought before the enforcement judge. Grounds may include limitation of the debt, procedural defects, or the protected status of the sums seized (under French law, a minimum bank balance equivalent to the RSA – approximately 636 euros in 2026 – must remain available to the debtor). A challenge does not automatically suspend the garnishment unless the judge so orders.
Do you handle urgent matters?
Yes. Some situations require an immediate response: obtaining a freezing order before the debtor dissipates assets, challenging a seizure before a deadline expires, or applying for emergency discharge. Our firm is organised to handle these urgencies.
What is the difference between compulsory execution and a protective measure?
Compulsory execution (garnishment, foreclosure, seizure of goods) requires an enforceable title and aims to obtain actual payment. A protective measure (freezing order, provisional judicial mortgage) does not require an enforceable title and aims to preserve the debtor’s assets pending a court decision. It must be converted into an enforcement measure once the title is obtained.