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Showing 541–550 of 68137 articles for “Art. L 221-31 and L 221-31 II”
Cash sums may be seized up to the amount of the distrainor's claim. They are sequestered in the hands of the bailiff. This is mentioned in the attachment deed, which also states, on pain of nullity, t…
…zure, a copy of the document is served on the third party, who is given eight days to inform the bailiff of any previous seizure of the same property and to provide the bailiff with the minutes of the…
The third party may refuse custody of the seized assets. They may ask to be relieved of custody at any time. The bailiff appoints a custodian and removes the goods.
If the third party asserts a right of retention on the seized property, he must inform the bailiff of this by registered letter with acknowledgement of receipt, unless he made the declaration at the t…
The debtor may request that the seizure of an asset that he does not own be declared null and void.
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…
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…
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…
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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