Preventive seizure of bank accounts (French Law)

Fotolia 23626754 XSWhy use a preventive seizure under the French Law?

The failure of the formal notice

After a formal notice for the debtor without answers, le creditor can ask a preventive seizure of bank accounts of the debtor who doesn't pay or respect the benefits provided.

The fear of a recovery of the debt after a judgement

In front the inertia of the debtor and fearing the recovery of his debt, the creditor can ask at the "Juge de l'execution pres du Tribunal de Grande instance" the authorization to seize as safeguard measures all the open accounts in the bank book of the debtor (according to the article 67 of the law dated 9 July 1991).

English speaking lawyers

How to make a preventive seizure under the French Law?

An order of the "juge de l'exécution"

The 'juge de l'exécution" pronounce an order accepting or refusing the demand of the seizure of the bank accounts. If the demand is accepted, the creditor has tree mouths to make the seizure, or the order will be null and void.

A period of one month to begin the procedure

The creditor has one month after the seizure to begin the procedure in front of a commercial court by a bailiff.

wengo, le bon conseil illico !