A creditor may find himself in a situation where a debtor is hiding his valuables in a safe. The seizure and attachment procedure offers a solution.
Legal framework for data capture and retrieval
Attachment applies when a creditor seeks to recover a specific asset rather than to obtain payment of a sum of money. The Code des procédures civiles d'exécution (CPCE) sets out specific provisions in articles R.224-10 to R.224-12.
These rules only apply to safes belonging to a third party (bank, hotel establishment). For a overview of the principles and distinctions governing the seizure of assets in safes in a more general context, it is useful to consult our resources. For a safe installed at the debtor's home, the common rules for seizure and attachment apply.
Specific implementation conditions
The necessary writ of execution
Any creditor wishing to carry out a seizure and attachment must have a writ of execution. Article R.224-10 of the CPCE requires this writ to be explicitly mentioned in the seizure deed. The writ must order the delivery or return of an identifiable item placed in the safe.
A judgement is the most common writ of execution, but other documents can also be used. The bailiff systematically checks the validity of the document before initiating any proceedings.
Judicial authorisation in certain cases
One particularity that is often overlooked is the authorisation required from the enforcement judge. If the safe is located on the premises of a third party, article L.222-1 of the CPCE requires this prior authorisation.
On 23 May 1995, the Court of First Instance of Albertville invalidated a seizure in which the bailiff had failed to discharge the debt after noting that the place of seizure corresponded to the home of the debtor's mother.
Apprehension procedure
Bailiff's deed and summons
The procedure begins with a bailiff's deed served on the third party owner of the safe deposit box. This document must contain a number of elements, failing which it will be null and void:
- Identifying the debtor
- Reference to the enforcement order
- Injunction to prevent access to the safe
- The third party's obligation to reveal the identification of the safe-deposit box
The next day, the bailiff serves the debtor with a summons to deliver or return. This order mentions the date set for opening the safe and warns that if the debtor is absent, the safe will be opened at the debtor's expense.
Opening the safe and inventory
Article R.224-11 of the CPCE stipulates that the debt cannot be opened before fifteen days have elapsed since the summons was served. This time limit protects the debtor, who may, however, request a faster opening.
If the debtor is present, the inventory only concerns the goods subject to seizure. If the debtor is not present, the bailiff will draw up a full inventory of the contents of the safe. This practice avoids subsequent disputes over the actual contents of the safe.
Minutes of operations
Article R.224-6 of the CPCE requires a document to be drawn up detailing the transactions carried out. This document lists the persons present and those to whom goods have been handed over. All must sign the original and copies.
A copy of the inventory shall be given or served on the debtor, stating, under penalty of nullity, that the property has been remitted to the person designated in the writ of execution or to his duly identified agent.
Special features compared to seizure and sale
The aim is to give back rather than to sell
Unlike the foreclosure which aims to transform goods into money, seizure seeks to recover a specific object in order to return it to its rightful owner.
Article R.224-12 of the CPCE states that the seized property is immediately handed over to the person designated in the writ of execution. If the property is not handed over immediately, it is placed in the custody of the bailiff or a receiver. For a complete overview of procedures and issues involved in safe seizuresTo find out more, including seizures and their conversion, explore our dedicated articles.
A rarely mentioned specificity: if the bailiff finds that the property being sought is not there when the opening takes place, he will draw up a "procès-verbal de carence", which will bring the procedure to an end.
Possible disputes
Disputes are referred to the enforcement judge in the place where the seized assets are located. This territorial jurisdiction is a matter of public policy, in accordance with article R.224-10-6° of the CPCE.
The debtor may contest the validity of the writ of execution, the ownership of the property or the regularity of the procedure. These challenges have no suspensive effect, unless the court decides otherwise. If you have any questions about these procedures or wish to initiate a dispute, it is a good idea to seek the expert advice of an lawyer specialising in enforcement procedures.
Once the goods have been removed, the debtor regains free access to his safe deposit box. This provision, set out in article R.224-9 of the CPCE, marks the end of the enforcement measure.
Sources
- Code of civil enforcement procedures, articles L.222-1, R.224-1 to R.224-12
- TGI Albertville, 23 May 1995, Gaz. Pal. 1996.137, note Véron
- Natalie FRICERO, "Seizure of assets placed in a safe", Répertoire de procédure civile, Dalloz, March 2015
- Decree no. 2019-1333 of 11 December 2019 reforming civil procedure
EN 
FR