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Can the enforcement judge cancel a debt?
By Raphaël MORENON29 July 2025A creditor has instructed a court commissioner to seize your bank account. Faced with this enforcement measure, the question arises: is it possible for a judge to cancel a debt? The direct answer is no. The JEX does not have the power to cancel a debt. However, his intervention may lead to an equivalent result, or even to the cancellation of the proceedings, permanently paralysing the creditor's legal action. In such cases, the assistance of a lawyer is crucial to navigating the complexities of civil proceedings and putting forward the right arguments. Our firm, with its expertise in the field of securities and guarantees and, more broadly, in the law relating to guarantees, will explain the real powers of this judge and the means of defence available to you. The role of the JEX: control over enforcement, not cancellation of the debt To understand how the intervention of the JEX can neutralise a debt enforcement procedure, we have...
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> The practice of seizing propertyA practical, chronological and exhaustive study of the implementation of a property seizure procedure.
We put all our expertise to work to achieve a simple objective: to prevent a property seizure.
Identification of buildings in deeds published in the property register
Publication of procedural deeds in the property register requires that the properties be identified in accordance with the rules governing land registration. The information that the deed must contain is detailed in paragraphs 1 and 3 of article 7 of decree no. 55-22 of 4 January 1955, which concern...Identification of individuals in deeds published in the property register
The publication of procedural documents in the real estate register requires the parties to be identified in accordance with the rules governing land registration, which go beyond the requirements of article 54 of the Code of Civil Procedure. Identification of natural persons The first paragraph of article 5 of decree no. 55-22...The descriptive report of the property in foreclosure
The descriptive report is a report in which the bailiff enters the premises to describe them. We will look first at the usefulness of this procedure, then at the legal framework for drawing it up, and finally at its content. The usefulness of the descriptive report The descriptive report of the property is similar to a...Lapse of a summons to pay in lieu of seizure
To understand the role of lapses in the seizure of property procedure, we need to look back a little. Under the old rules, i.e. before the reform of the procedure introduced by the Order of 21 April 2006, it was common for the procedure to drag on, sometimes for several years,...Expiry of the summons to pay in the event of seizure
The concept of proceedings is not an obvious one in civil enforcement proceedings. This is undoubtedly why the legislature sought to limit the effects of a summons to pay in the form of a seizure over time by means of rules that are independent of the concept of the lapse of proceedings as it is...The effects of a summons to pay in the form of a seizure of property on third parties
A summons to pay for the seizure of property has effects on two categories of third parties: the third party holder and the third party. The effects of the summons to pay for the seizure of immovable property on the third party holder The effects of issuing the summons to pay for the seizure of immovable property on the third party holder are...The effects of a summons to pay in the form of a seizure on the debtor
The effects of a summons to pay in the form of a seizure on the debtor, the third party purchaser and third parties are described in article R. 321-13 of the Code of Civil Enforcement Procedures, which states that "The unavailability of the property, the seizure of its fruits and the restriction of the rights of enjoyment and administration...Summons for the amicable sale of the debtor in a property seizure
The distrainee debtor has the unused option of summoning the creditor before the enforcement judge to submit a request for an out-of-court sale before the case is called for the orientation hearing. The procedure is blocked from the date of the judgment authorising the out-of-court sale. This has the very simple advantage...Publication of the summons to pay in the event of seizure
The summons to pay must be published in the property register within 2 months of being served. It is then carried out by sending various documents to the land registry. The publication deadline Article R. 321-6 of the Code des...Service of the summons to pay in the event of seizure on the third party purchaser
Property seizure proceedings are sometimes initiated against a third party who has acquired the encumbered property. The concept of third-party purchaser To fully understand how collection proceedings can be initiated against a third party, it is important to understand the concept of guarantee...
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