French Code of civil enforcement procedures
In forceWhere there is only one creditor meeting the conditions set out in article L. 331-1, that creditor shall send a request for payment of its claim by registered letter with acknowledgement of receipt to the escrow agent or the Caisse des dépôts et consignations within two months of publication of the title de vente.
The request for payment must state the reasons on which it is based.
If the distribution follows a property seizure, the request must be accompanied by a certified mortgage statement as at the date of publication of the summons to pay in the form of a seizure, the statements of registrations provided for in the first and second paragraphs of article R. 521-31 of the French Commercial Code on the date of publication of the title of sale, an enforceable copy of the referral judgement and, as applicable, of the auction judgement or of the judgement recording the end of the proceedings, to which a copy of the out-of-court sale contract is attached, as well as a certificate from the registry of the enforcement judge stating that no creditor registered after the date of publication of the summons to pay has intervened in the proceedings. The certificate from the registry may not be issued before the expiry of a period of one month following the publication of the title of sale.
The receiver or the Caisse des dépôts et consignations shall make the payment within one month of the request. On expiry of this period, the sums due shall bear interest at the legal rate.
Within the same period, he shall inform the debtor of the amount paid to the creditor and, where applicable, remit the balance to him.
The receiver or the Caisse des dépôts et consignations may refuse payment only if the documents produced demonstrate the existence of another creditor meeting the conditions of article L. 331-1. In the event of a dispute, the matter is referred to the enforcement judge by the pursuing creditor or the debtor.
