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Preservation
Verified 22 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)
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You're a creditor
You can request the preservation of movable property of your debtor who has not yet been ordered by the judge to pay his debt. The debtor is then temporarily prevented from giving, selling or damaging the seized property. Once ordered to pay the debt, if the debtor does not repay you, the seized goods can be sold (by foreclosure), to repay you.
This page presents only the seizure-sale of tangible personal property (object, furniture...)
The steps you need to take are different depending on whether you have one of the following documents:
- Enforcement Order
- Court decision not yet enforceable (because the time limits for appeal have not expired)
- Unpaid Accepted Bill of Exchange
- Unpaid promissory note
- Unpaid check
- Written residential lease, in case of unpaid rent
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You have one of those documents
1. Use a Commissioner of Justice (former judicial bailiff and auctioneer)
You have to appoint a commissioner of justice to do the preservation.
Who shall I contact
2. The day of seizure
On the day of the seizure, the Commissioner of Justice shall visit the home of the debtor.
The Commissioner of Justice shall draw up a act of attachment which includes the seized goods.
You don't have any of those documents
1. Address the judge
You (or your Commissioner of Justice) must submit a request to the enforcement judge of the court on which the debtor's domicile depends for him to authorize the preservation.
To be valid, the request must meet 2 conditions:
- Set out the facts that justify that your claim is founded in principle
- Describe what makes you fear you won't be reimbursed. This is the case, for example, if you are concerned that the debtor is seeking to surrender insolvent by selling his property.
The judge makes his decision by order.
If the judge authorizes the seizure, the order indicates the amount of the debt and the nature of the property to be seized (but does not list it).
You then have 3 months to arrange the precautionary seizure by a Commissioner of Justice.
2. Make the seizure
You have to appoint a commissioner of justice to do the preservation.
Who shall I contact
FYI
the costs incurred in connection with a precautionary seizure shall be borne by debtor (unless the judge decides otherwise).
3. The day of seizure
On the day of seizure, on the day of seizure, the Commissioner of Justice shall visit the home of the debtor.
The Commissioner of Justice shall draw up a act of attachment which mentions in particular the authorization of the judge and the seized property.
You then have 1 month to take the steps to obtain a enforceable title.
4. Obtain an enforceable title
To obtain an enforceable title, you must assign the debtor in court, within one month. It is a matter of having the debt recognized.
FYI
if you fail to comply with this deadline, the debtor may ask the enforcement judge for the release preservation.
After the Commissioner of Justice has made the precautionary seizure, the debtor may contest it, in particular on the following grounds:
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The seizure is not justified
If the debtor considers that seizure is not justified, he may to apply to the enforcement judge the release preservation. It is up to you to prove that the conditions for preservation are met (a claim founded in principle, circumstances which threaten the recovery of the claim).
FYI
if the judge orders the release, you may be ordered to make reparation for the harm caused by the precautionary measure.
You don't have an enforceable title
If the seizure was made without enforceable title, and you do not apply for one within one month, the debtor may apply to the judge for the release of seizure.
FYI
if the judge orders the release, you may be ordered to make reparation for the harm caused by the precautionary measure.
Some assets are unseizable, because they are necessary for the day-to-day life and work of debtor and his family:
- Clothing
- Bedding
- Linen
- Objects and products necessary for personal care and home maintenance
- Foodstuffs
- Household objects necessary for the preservation, preparation and consumption of food
- Heating appliances
- Table and chairs for communal dining
- Furniture for clothes and linen, and another furniture for storing household items
- Washing machine
- Books and articles necessary for the pursuit of studies or vocational training
- Children's items
- Personal or family memories
- Pets and pets
- Livestock (and the foodstuffs necessary for their rearing)
- Working instruments necessary for the personal pursuit of the professional activity
- Telephone set providing access to fixed or mobile telephone service
- Essential items for a disabled person
- Objects intended for the care of a sick person
Other property of the debtor may be the subject of a preservation seizure, even if they are, for example, stored in the home of another person.
If the debtorAlthough ordered to pay his debt, do not pay it, you can appoint a Commissioner of Justice to signify to debtor one act of conversion. That act shall in particular contain a command to pay.
If the debtor does not pay within 8 days, then he has 1 month to sell himself the seized goods and refund you.
If he does not sell the seized goods within that period, a forced sale (public auction) is then organized by a Commissioner of Justice to reimburse you.
You are a debtor
Until you have been ordered by a judge to pay your debt, your creditor may request the preservation of some of your movable property. After the Commissioner of Justice has seized the property, you are prohibited from giving, selling or damaging it. But you can challenge the seizure before the judge.
This page presents only the seizure-sale of tangible personal property (object, furniture...)
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You are present when typing
The Commissioner of Justice must inform you that you have an obligation to inform him or her if the property is already subject to seizure. If so, you must provide the minutes.
The Commissioner of Justice then writes the act of attachment. In particular, the act must contain the following information:
- Reference to the authorization of the judge or to the document justifying the seizure (enforceable title, unpaid check, unpaid promissory note, court order not yet enforceable, bill of exchange accepted unpaid, or written dwelling lease)
- Detailed description of seized goods
- Indication of the possibility of challenging the preservation order
The Commissioner of Justice will immediately give you a copy of this act.
The seized goods are then placed in your custody. You can't sell them, you can't transport them.
FYI
costs incurred in connection with a precautionary seizure shall be borne by you (unless the judge decides otherwise).
You are not present when typing
The Commissioner of Justice shall draw up a act of attachment.
In particular, the act must contain the following information:
- Reference to the authorization of the judge or the title justifying the seizure
- Detailed description of seized goods
- Indication of the possibility of challenging the preservation order
- Indication that the seized goods are in your custody, and that you can no longer sell or transport them.
The Commissioner of Justice must be with you signify a copy of the seizure order. You have eight days to inform the Commissioner of Justice of any previous seizure and provide him with the minutes.
FYI
costs incurred in connection with a precautionary seizure shall be borne by you (unless the judge decides otherwise).
After the seizure has been made, you can challenge it, including for one of the following reasons:
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The seizure is not justified
If you feel that the seizure is not justified, you can to apply to the enforcement judge on which your home depends, the release preservation. It's at the creditor to prove that the conditions for a preservation order are met (a claim founded in principle, circumstances which threaten the recovery of the claim). If the judge orders the release, the creditor may be ordered to make good the damage caused by the precautionary measure.
The creditor has no enforceable title
A creditor may make a precautionary seizure without enforceable title but, within a month of seizure, he must assign in court to obtain this document. If the creditor does not meet this deadline, you can ask the enforcement judge for the release preservation.
Some assets are unseizable, because they are necessary for the day-to-day and professional life of the debtor and his family:
- Clothing
- Bedding
- Linen
- Objects and products necessary for personal care and home maintenance
- Foodstuffs
- Household objects necessary for the preservation, preparation and consumption of food
- Heating appliances
- Table and chairs for communal dining
- Furniture for clothes and linen, and another furniture for storing household items
- Washing machine
- Books and articles necessary for the pursuit of studies or vocational training
- Children's items
- Personal or family memories
- Pets and pets
- Livestock (and the foodstuffs necessary for their rearing)
- Working instruments necessary for the personal pursuit of the professional activity
- Telephone set providing access to fixed or mobile telephone service
- Essential items for a disabled person
- Objects intended for the care of a sick person
Your other property may be subject to a preservation seizure, even if it is stored in someone else's home, for example.
FYI
a good may be subject to several precautionary seizures.
If, although ordered to pay your debt, you do not, the creditor may initiate the conversion of preservation into foreclosure.
To do this, the creditor must go to a commissioner of justice to draft and serve you a act of conversion.
That act shall contain:
- The reference of the act of preservation
- Reference to the enforcement order establishing the claim
- The statement of the sums payable (in principal, costs and interest due) and the indication of the interest rate
- One command to pay this amount within 8 days, otherwise the seized goods will be sold.
If you do not pay within 8 days, then you have 1 month to sell seized property and refund the creditor.
If you do not sell the seized goods within this period, a forced sale (public auction) is made by a court commissioner to reimburse your creditor.
- Code of Civil Enforcement Procedures: Articles L511-1 to L511-4Conditions and procedures
- Code of Civil Enforcement Procedures: Articles R511-1 to R511-8Conditions and procedures
- Code of Civil Enforcement Procedures: Articles L512-1 and L512-2Disputes
- Code of Civil Enforcement Procedures: Articles R512-1 to R512-3Disputes
- Code of Civil Enforcement Procedures: Article L521-1Property concerned
- Code of Civil Enforcement Procedures: Article R521-1Property concerned
- Code of Civil Enforcement Procedures: Articles R522-1 to R522-6Seizure transactions (tangible personal property)
- Code of Civil Enforcement Procedures: Articles R222-7 to R222-10Conversion to foreclosure
FAQ
- Sales AttachmentService-Public.fr