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Showing 9311–9320 of 61415 articles for “Art. 325-5 and 325-6”
The debtor may request that the seizure of an asset that he does not own be declared null and void.
A garnishee who, without legitimate reason, fails to provide the information required shall be ordered, at the creditor's request, to pay the sums due to the creditor, without prejudice to the credito…
…R. 213-10 and…
The action for diversion ceases to be admissible after the sale of the seized property; only the action for revendication may then be brought. However, a third party who is recognised as the owner of…
If no enforcement action is taken within two years of the summons to pay, proceedings may only be commenced on the basis of a new summons to pay. However, the order still interrupts the limitation per…
An application for a declaration of nullity does not suspend the seizure unless the court orders otherwise.
Disputes concerning the seizability of the assets included in the seizure are brought before the enforcement judge by the debtor or by the bailiff acting as in matters of enforcement difficulties. Whe…
Failure by the third-party debtor required to make direct payment to pay the maintenance due to the creditor is punishable by the fines laid down for fifth-class offences.
A third party who claims to be the owner of a seized asset may ask the enforcement judge to order its segregation. On pain of inadmissibility, the application must specify the elements on which the cl…
The debtor may apply to have the seizure declared null and void on the grounds of a formal or substantive defect other than the unseizability of the assets included in the seizure, up until the sale o…
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