Article L. 311-2 of the French Code of Civil Enforcement Procedures states that "Any creditor in possession of a writ of execution recording a claim that is due and payable may seize property under the conditions laid down by this Book and by the provisions of Book I that do not conflict with it.

The seizure of property procedure can only be implemented when the 4 conditions listed in this text are met: the creditor, the debtor, the writ of execution and the property seized.

Identifying the pursuing creditor

To begin with, the creditor may be a natural person, a legal entity or, more specifically, a syndicate of co-owners.

The individual creditor

Any natural person can initiate proceedings for the seizure of property, provided they have the capacity to take legal action.

Setting up a BODACC alert can be useful for monitoring the opening of any insolvency proceedings (e.g. personal liquidation in the event of overindebtedness).

Finally, a copy of the birth certificate of the debtor(s), which must be less than 6 months old at the time of publication of the deeds, must be on file for the purposes of certifying the identity of the parties.

The corporate creditor

Like natural persons, legal entities may also initiate proceedings for the seizure of property if they have the capacity to take legal action.

Their situation is easy to monitor, as all you need to do is order a Kbis extract to obtain all the necessary information about them, and set up a BODACC watch to be informed of any changes in their situation (and possibly their placement in receivership or liquidation).

The syndicate of co-owners

The syndicate of co-owners may initiate a property seizure procedure, but the syndic must act on the basis of a resolution of the general meeting of co-owners authorising him to proceed with the sale by public auction of a sales lot comprising one or more co-ownership lots, and setting the amount of the upset price for the said sales lot(s).

The fact that the trustee is not authorised to act constitutes an objection within the meaning of the law. Article 122 of the Code of Civil Procedure. It can therefore be adjusted during the course of the procedure.

Constraints specific to the pursuing creditor

No concomitant seizure of another property

Article L. 311-5, paragraph 1, of the Code of Civil Enforcement Procedures states that "A creditor who has seized one of his debtor's immovable properties may only initiate new seizure proceedings against another of his debtor's immovable properties if the property already seized is insufficient.

Consequently, the pursuing creditor may not initiate several seizure proceedings simultaneously, unless the value of the property seized is insufficient to settle his claim.

Priority seizure of the mortgaged property

Article L. 311-5, paragraph 2, of the Code of Civil Enforcement Procedures states that "The creditor may only seize immovable property that is not mortgaged in his favour if the mortgage from which he benefits does not allow him to enforce his rights.

The creditor may only seize the immovable encumbered by a mortgage in his favour, unless that immovable is not of sufficient value to cover his claim.