French Code of civil enforcement procedures
In force
If the third party declares that he holds property on behalf of the debtor, the act of seizure shall contain, on pain of nullity :
1° A reference to the title under which the seizure is made;
2° A mention of the name and domicile of the third party;
3° The declaration of the third party and, in very conspicuous characters, the indication that any inaccurate or untruthful declaration exposes him to be declared guarantor of the sums claimed from the debtor without prejudice to an order to pay damages;
4° An inventory of the goods seized, including a detailed description of the goods;
5° A statement, in very conspicuous lettering, that the objects seized are unavailable, that they are placed in the custody of the third party, and that they may not be disposed of or moved, except in the case provided for in the second paragraph of Article R. 221-13, subject to the penalties set out inArticle 314-6 of the Criminal Code, and that the third party is required to make this attachment known to any creditor proceeding with an attachment on the same property;
6° A statement that the third party may avail itself of the provisions of Article R. 221-27 which is reproduced in the deed;
7° An indication that the third party may assert his rights over the seized property, by declaration or by registered letter with acknowledgement of receipt sent to the distraining creditor's bailiff;
8° The designation of the court before which disputes relating to the seizure for sale are brought;
9° An indication, where applicable, of the surnames, first names and positions of the persons who attended the seizure operations, who shall sign the original and copies; if they refuse, this shall be stated in the deed;
10° A reproduction of the provisions of Article 314-6 of the Criminal Code.
Article R221-23
French Code of civil enforcement proceduresIn force
Updated 8 Nov 2023
