Securing your claim through a freezing order

Your debtor is not paying. Demands go unanswered, or worse, you learn that assets are being transferred. Time is working against you: every day that passes increases the risk that nothing will be left to seize by the time you obtain a judgment.

Under French law, a saisie conservatoire (freezing order) allows you to freeze your debtor’s bank accounts, equipment, company shares or any other receivable immediately – without prior notice to the debtor. This measure, governed by the Code of Civil Enforcement Procedures (CPCE), can be implemented within 48 to 72 hours before the enforcement judge or the president of the commercial court.

The effect is formidable. The debtor discovers that accounts are frozen and faces a choice: pay the debt to obtain the release of the freeze, or endure the blockage throughout the proceedings. In the majority of cases, payment follows quickly.

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

Any person whose claim appears prima facie well-founded may apply to the court for authorisation to take protective measures over the debtor’s assets, without prior demand, if there are circumstances likely to threaten recovery. Two cumulative conditions, assessed at the court’s discretion: an arguable claim and a threat to recovery.

What we handle

  • Drafting the application for a freezing order and assembling the supporting evidence
  • Filing before the enforcement judge or the president of the commercial court (for commercial claims)
  • Coordination with the commissaire de justice to carry out the measure
  • Service of the freezing order on the debtor within the 8-day deadline
  • Commencing proceedings on the merits within one month (payment claim, summary judgment, payment order)
  • Converting the freezing order into a garnishment (saisie-attribution) once an enforceable title is obtained

When judicial authorisation is not required

Article L. 511-2 CPCE exempts the creditor from obtaining prior judicial authorisation where the creditor already holds an enforceable title (even if not yet final), a court decision, a dishonoured accepted bill of exchange, a promissory note, a bounced cheque, or an unpaid rent claim arising from a written lease. In such cases, the commissaire de justice may carry out the freezing order directly.

The 6 stages of a freezing order

1

Application to the court

2

Court order

3

Execution

4

Service on the debtor

5

Proceedings on the merits

6

Conversion

Challenging a freezing order

Your bank accounts are frozen. Your business operations are paralysed. You discover that a creditor has obtained a freezing order – sometimes on the basis of a claim you dispute, or in circumstances that are procedurally irregular.

The debtor is not without recourse. The enforcement judge may order the discharge of the freeze if the conditions of Article L. 511-1 are not met: a manifestly unfounded claim, no genuine threat to recovery, or procedural defects. The debtor may also offer substitute security – a bank guarantee, for example – to obtain the release of accounts while preserving the creditor’s rights.

Our firm systematically verifies compliance with formal requirements and deadlines. Late service, an insufficiently reasoned application, a failure to commence proceedings within one month: each irregularity is a lever to obtain the lapse or discharge of the measure.

Our lines of defence

  • Challenging the merits of the claim relied upon by the applicant
  • Demonstrating the absence of any genuine threat to recovery
  • Verifying compliance with deadlines (service within 8 days, proceedings commenced within 1 month)
  • Application for discharge before the enforcement judge (Article L. 512-1 CPCE)
  • Offering substitute security or a bank guarantee to release the frozen accounts
  • Claim for damages if the freezing order was abusive or disproportionate

How we act

A French freezing order may target any of the debtor’s movable assets: bank accounts, debts owed by third parties, tangible movables (vehicles, stock, equipment), company shares and securities. The choice of asset depends on the debtor’s financial position and the objective pursued.

For creditors, our approach follows a two-stage logic. First, secure: obtain the court order, carry out the freeze, block the assets. Then, convert: commence proceedings on the merits, obtain an enforceable title, and transform the freezing order into a garnishment (for debts) or a seizure for sale (for goods). A freezing order over debts gives the applicant a right of priority over the frozen sums – a decisive advantage against competing creditors.

For debtors, we act urgently before the enforcement judge to challenge the measure or negotiate an accommodation. The objective is to restore normal account operations as quickly as possible while preserving your rights in the underlying dispute.

Enforcement and debt recovery are central to our practice. This regular involvement allows us to anticipate difficulties – particularly the interaction between freezing orders and insolvency proceedings, where conversion must take place before the opening judgment or the benefit of the measure is lost.

Key deadlines

French freezing orders are governed by strict time limits. Missing any of them causes the measure to lapse – meaning it retroactively loses all effect.

  • 3 months from the court order to carry out the measure (Article R. 511-6 CPCE). Beyond this, the authorisation lapses.
  • 8 days from execution to serve the freezing order on the debtor (Articles R. 522-5 and R. 523-3 CPCE). This is the most common pitfall in practice.
  • 1 month from execution to commence proceedings on the merits, where the creditor does not already hold an enforceable title (Article L. 511-4 CPCE). Summary proceedings suffice.
  • 15 days for the debtor to challenge the conversion into a garnishment (Article R. 523-8 CPCE). After this period, the creditor obtains payment on a certificate of non-challenge.

Compliance with these deadlines determines whether the measure succeeds. Our firm maintains rigorous procedural tracking, in close coordination with the commissaire de justice responsible for execution.

Frequently asked questions

What is a saisie conservatoire?

It is an urgent protective measure under French law that allows a creditor to freeze the debtor’s assets (bank accounts, vehicles, company shares) before obtaining a judgment on the merits. The purpose is to secure recovery by preventing the debtor from making itself judgment-proof.

What are the conditions for obtaining a freezing order in France?

Two cumulative conditions (Article L. 511-1 CPCE): the claim must appear prima facie well-founded, and circumstances must threaten its recovery. The court assesses both conditions at its discretion. If the creditor already holds an enforceable title, no judicial authorisation is required.

What is the time limit for challenging a freezing order?

The debtor may apply for discharge at any time before the enforcement judge (Article L. 512-1 CPCE). There is no strict deadline for challenging the protective measure itself, unlike a garnishment where the deadline is one month.

How much does a freezing order cost?

Costs include lawyer’s fees (for drafting the application and case management), the commissaire de justice’s statutory fees, and any court registry charges. The total depends on the complexity of the case and the number of freezing orders to be carried out. These costs are borne by the creditor but may be recovered from the debtor if the court so orders.

What are the effects of a freezing order?

The freeze renders the targeted assets unavailable: the debtor can no longer sell, gift or move them. For bank accounts, funds are frozen up to the amount of the claim (excluding the protected minimum bank balance). The debtor retains the use of any funds not caught by the freeze.