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E-library Litigation Seizure of a debtor's bank account and/or assets

Seizure of a debtor's bank account and/or assets

10 Mar 2012

In the event that there is a risk that a debtor will not pay the amounts owed to a creditor, summary proceedings to obtain the temporary seizure of the debtor’s bank account and/or assets may be introduced.

The request for seizure is presented by the creditor to a judge (“juge de l’exécution”). The debtor is not called to the hearing. The judge will render, immediately after the hearing, a judgment (“ordonnance”) allowing the creditor to seize the debtor’s assets if:

  • the creditor’s claim for payment appears well-grounded (“créance fondée dans son principe”), and
  • there are circumstances indicating that the creditor may not be able to recover the amounts owed by the debtor (“existence de circonstances susceptibles de menacer le recouvrement de la créance”).

The decision of the judge authorizing the creditor to seize the debtor’s bank account and/or assets must be notified by bailiff.

The seizure is however only intended to block the bank account and/or assets of the debtor, and does not automatically result in a right, for the creditor, to obtain the amounts or assets seized. For this purpose, a claim on the merits of the case must be introduced within a period of one month following the seizure.

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