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Showing 1261–1270 of 39773 articles for “Art. R. 145-5”
Unless otherwise provided, the common provisions of Book I of the Code of Civil Procedure apply to civil enforcement proceedings before the execution judge, with the exception of articles 481-1 and 48…
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.
…e payment results from the execution of an instalment payment agreement already known to the creditor. Unless otherwise agreed, the person responsible for collection will also keep the creditor inform…
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…
When the public accounting officer ceases to be the assignee of the seized debt, he shall inform the court registry, which shall acknowledge this fact. At the request of the creditor, the original aut…
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…
The judge who annuls the seizure may leave the debtor to bear all or part of the costs incurred if the debtor failed to apply for annulment in good time.
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