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Sales Attachment
Verified 05 April 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Good that can be moved. It may be tangible property (for example, objects, furniture or merchandise) or intangible property (for example, copyright, shares).
Amount of money that can be demanded from a close relative to meet his or her own vital needs (food, housing, care...)
A right for a person to demand something from another person, usually the payment of a sum of money. A term often used to refer to the amount owed.
An act by which a party informs its opponent of a legal act or decision through a commissioner of justice (formerly bailiff and judicial auctioneer)
An act generally served by a commissioner of justice (formerly a bailiff and judicial auctioneer) ordering a person to perform his or her obligations (for example, to pay unpaid rents).
Sale of movable or immovable property at public auction
Person to whom money or the provision of a benefit is owed
Does anyone owe you a debt? In this case, you are the creditor and the other person is the debtor. Sales Attachment is used to immobilize movable property of the debtor and to sell them to repay the creditor. Attention: vehicles (car, motorcycle...) are subject to another seizure procedure.
What applies to you ?
You're a creditor
Garnishment of sale takes place at your request.
The debtor's property is first seized by a commissioner of justice (formerly bailiff and judicial auctioneer).
They are then sold out of court or, if this is not possible, sold at public auction (forced sale).
The approach is different depending on whether it is a maintenance claim or another claim.
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Maintenance claim
To enter a foreclosure, you must have a enforceable title which proves that your claim is liquid (i.e. valued in money) and due (the payment date has passed). And you must appoint a commissioner of justice (formerly bailiff and judicial auctioneer) to signify one command to pay to your debtor.
Who shall I contact
The order for payment mentions in particular your enforceable title and the amount of the sums claimed (debt, fees and interest due).
If the debtor does not pay these sums within 8 days after the service of the order to pay, the Commissioner of Justice may seize them.
Warning
if the debtor's property is stored in the home of another person, the foreclosure must be authorized by the enforcement judge.
Other claim
Claim less than €535 (excluding fees and interest on late payment)
Seizure-sale authorized by the enforcement judge
To initiate the seizure, you must have a enforceable title which proves that your claim is liquid (i.e. valued in money) and due (the payment date has passed). And you must appoint a commissioner of justice to signify one command to pay to your debtor.
Who shall I contact
The order for payment mentions in particular your enforceable title and the amount of the sums claimed (debt, fees and interest due).
If the debtor does not pay these sums within 8 days after the service of the order to pay, the Commissioner of Justice may seize them.
Without authorization from the judge
You must first hire a wage attachment or a bank account seizure.
If this priority entry is unsuccessful, then you can initiate a sales attachment.
To enter a foreclosure, you must have a enforceable title which proves that your claim is liquid (i.e. valued in money) and due (the payment date has passed). And you must appoint a commissioner of justice to deliver a command to pay to your debtor.
Who shall I contact
The order for payment mentions in particular your enforceable title and the amount of the sums claimed (debt, fees and interest due).
If the debtor does not pay these sums within 8 days after the service of the order to pay, the Commissioner of Justice may seize them.
Warning
if the debtor's property is stored in the home of another person, the foreclosure must be authorized by the enforcement judge.
Debt exceeding 535 € (excluding fees and interest on late payment)
To enter a foreclosure, you must have a enforceable title which proves that your claim is liquid (i.e. valued in money) and due (the payment date has passed). And you must appoint a commissioner of justice (formerly bailiff and judicial auctioneer) to signify one command to pay to your debtor.
Who shall I contact
The order for payment mentions in particular your enforceable title and the amount of the sums claimed (debt, fees and interest due).
If the debtor does not pay these sums within 8 days after the service of the order to pay, the Commissioner of Justice may seize them.
Warning
if the debtor's property is stored in the home of another person, the foreclosure must be authorized by the enforcement judge.
Tangible personal property (e.g. object, furniture) belonging to the debtor.
However, there are exceptions:
- Vehicles (car, motorcycle...) are subject to a specific typing procedure
- Some personal property is unseizable property
Reminder
if the goods are in the domicile of a person other than the debtor, the foreclosure must be authorized by the enforcement judge.
Reminder
only if the debtor does not pay the sums claimed within 8 days of the service of the order to pay, can the commissioner of justice seize.
The Commissioner of Justice goes to the debtor's house.
The Commissioner of Justice has the right to enter housingeven if the debtor is absent or refuses to let him in.
At the end of the seizure, the Commissioner of Justice shall draw up a act of attachment.
After the seizure has been made, the debtor may continue to use the seized property, but is prohibited from moving or selling it (unless an amicable sale is authorized).
If their movement is necessary for a legitimate cause (for example, fire, flood...), the debtor must inform you beforehand and indicate the place where they will be placed.
Please note
if no property can be seized (unseizable property or unsaleable property), the Commissioner of Justice shall establish a deficiency report.
The debtor may arrange for the amicable sale of the seized property within one month of the seizure.
If no amicable sale takes place, a forced sale (public auction) will be organized.
Until their sale (amicable or forced), the debtor is prohibited from giving, moving, or selling the seized goods.
However, in case of a legitimate cause (fire, flood...), he can move them on condition that he informs you beforehand and indicates the place where they will be placed.
The debtor may challenge before the court of enforcement of the place of attachment:
- ownership of the seized property
- or the validity of the seizure (for example, the seized property is a elusive property)
- or the regularity of the seizure (for example, the seizure order does not contain all the mandatory particulars, or the claim is not valued in money).
The debtor may arrange for the amicable sale of the seized property within one month of the seizure.
The next step is different depending on whether or not the debtor receives a purchase offer.
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In case of a purchase proposal
The debtor must inform the Commissioner of Justice of the proposed purchase he has received. The Commissioner of Justice will provide you with that information.
You have 15 days to accept or reject the sale.
If you accept the sale, the sale takes place.
The sale is paid to the Commissioner of Justice.
Within one month of the sale, the Commissioner of Justice will give you the amount of your claim (including interest and expenses).
But if the amount of the sale is not enough, the amount still due to you is increased by statutory interest rate from the month following the sale.
If you refuse all amicable sales, the goods will be sold at public auction (forced sale).
Please note
if you do not inform the commissioner of justice of your decision, you are considered to be in favor of the sale.
No purchase offer
If the debtor does not receive a purchase offer, the seized goods will be sold at public auction (forced sale).
Forced Sale Terms
Forced sale (public auction) is possible when there has been no amicable sale.
The forced sale shall take place within one month of the date of seizure.
But a maximum of 15 days may be added, to give you time to decide whether to accept or reject a purchase proposal in the context of an amicable sale.
Preparing for sale
You have the choice of the location of the forced sale (public auction).
This sale usually takes place in the auction room.
It shall be advertised by posters at the address of the debtor and at the place of sale at least 8 days before.
Selling progress
The invitation to tender is made to the highest bidder, after 3 auctions.
The price is payable in cash.
For each property sold, a bill of sale indicates the following information:
- Well sold
- Amount of sale
- Buyer Identity
Debt repayment
Within one month after the sale, the Commissioner of Justice shall return to the creditor the amount due (including interest and expenses).
But if the amount of the sale is not enough to refund you in full, the amount that remains due is increased by statutory interest rate, from the month following the sale.
You are a debtor
Garnishment of sale takes place at the request of your creditor. Only some of your chattels can be seized. Your property seized by the Commissioner of Justice is then sold out of court or, if that is not possible, sold at a public auction (forced sale).
For foreclosure to be possible, the following 3 conditions must be met:
1. Your creditor has an enforceable title
The enforceable title must prove that the claim is liquid (i.e., valued in cash) and payable (i.e., the date on which it is due has passed).
2. This creditor has instructed a Commissioner of Justice to present you with an order to pay
The Commissioner of Justice must be with you signify one command to pay.
The order for payment shall contain the following information:
- Enforcement order of the creditor
- The amount of money the creditor claims from you (debt, fees and interest on late payments) and the interest rate
- Obligation to pay this amount within 8 days of service, and if you do not, your goods may be sold by forced sale
3. You have not paid this amount within the prescribed period
This is the movable property (e.g. object, furniture) that belongs to you.
But there are exceptions:
- Vehicles (car, motorcycle...) are subject to a specific typing procedure
- Some other personal property is unseizable property
Reminder
it is only if you do not pay the sums claimed within 8 days of the order to pay being given, that the commissioner of justice can make the seizure.
The Commissioner of Justice is going to your place.
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You're here
The Commissioner of Justice has the right to enter your homeYeah, even if you refuse to let him in.
The Commissioner of Justice verbally asks you to pay the amounts you owe.
In the event that you do not pay, you must inform the Commissioner of Justice whether some of your assets are already seized and which ones.
The Commissioner of Justice may, if necessary, photograph the seized goods.
At the end of his visit, the Commissioner of Justice shall provide you with a copy of the act of attachment.
This document should contain all of the following information:
- Enforcement Order of the creditor
- Designation of Seized Property
- Declaration of any previous seizure
- Indication, in very visible characters, that the seized goods are unavailable, are in your custody, cannot be sold or given away, and cannot be moved, except in the case provided for in the second paragraph of Article R. 221-13, under penalty of the penalties provided for in Article 314-6 of the Criminal Code and that you must make known the seizure to any creditor who would make a new seizure of the same assets
- Indication, in very visible characters, that you have 1 month to amicably sell the seized goods
- Appointment of judge to challenge foreclosure
- Indication, if applicable, of the names, forenames and titles of the persons who attended the seizure operations. Signature of these persons on the original and copies of the document. If they refuse, it is mentioned in the document.
- Full mention of article 314-6 of the penal code and Articles R. 221-30 to R. 221-32 of the Code of Civil Enforcement Procedures
But if the Commissioner of Justice (formerly bailiff and judicial auctioneer) does not seize any property (because your property is unseizable or unsellable), he writes a deficiency report.
You're absent
The Commissioner of Justice has the right to enter your homeYeah, even if you refuse to let him in.
The Commissioner of Justice seizes the case in your absence.
He then sends you a copy of the act of attachment which he wrote.
This document should contain all of the following information:
- Enforcement Order of the creditor
- Designation of Seized Property
- Declaration of any previous seizure
- Indication, in very visible characters, that the seized goods are unavailable, are in your custody, cannot be sold or given away, and cannot be moved, except in the case provided for in the second paragraph of Article R. 221-13, under penalty of the penalties provided for in Article 314-6 of the Criminal Code and that you must make known the seizure to any creditor who would make a new seizure of the same assets
- Indication, in very visible characters, that you have 1 month to amicably sell the seized goods
- Appointment of judge to challenge foreclosure
- Indication, if applicable, of the names, forenames and titles of the persons who attended the seizure operations. Signature of these persons on the original and copies of the document. If they refuse, it is mentioned in the document.
- Full mention of article 314-6 of the penal code and Articles R. 221-30 to R. 221-32 of the Code of Civil Enforcement Procedures
But if the Commissioner of Justice (formerly bailiff and judicial auctioneer) does not seize any property (because your property is unseizable or unsellable), he writes a deficiency report.
Reminder
the seized goods are listed on the act of attachment that you were given by the commissioner of justice at the end of the seizure.
You can arrange the amicable sale of seized goods within one month of the seizure. If no amicable sale takes place, a forced sale (public auction) will then be organized.
You can continue to use the seized goods (unless they are consumable or sequestered).
But you are prohibited from giving them away, moving them or selling them (except in the case of an authorized amicable sale).
The only exception is that you can move the seized goods in the case of a legitimate cause (fire, flood...), provided that you inform the creditor beforehand and indicate to him the place where they will be placed.
If you do not respect these rules, you can be punished with 3 years imprisonment and €375,000 of fine.
You can challenge it before the enforcement judge place of seizure:
- ownership of the seized property
- or the validity of the entry (for example, the asset is elusive)
- or the regularity of the seizure (for example, the seizure document does not contain all the mandatory particulars, or the claim is not valued in money).
You can arrange the amicable sale of seized goods within one month of the seizure.
The next step is different depending on whether or not you receive a purchase proposal.
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In case of a purchase proposal
You must inform the Commissioner of Justice in writing of the proposed purchase.
You must provide the name and address of the prospective buyer and the time frame within which the buyer will pay the proposed price.
The Commissioner of Justice then transmits this information to the creditor.
The creditor has 15 days to accept or reject this sale. If he does not inform the Commissioner of Justice, he is considered to be in favor of the sale.
If the creditor agrees, the sale takes place.
Within one month of the sale, the Commissioner of Justice shall:
- remits to the creditor the amount due (including interest and costs)
- and give you the balance of the proceeds of the sale, if this balance is positive.
But if the amount of the sale is not sufficient to repay the creditor in full, the amount remaining due to him is increased by statutory interest rate from the month following the sale.
If the creditor refuses all amicable sales, the goods will be sold by public auction (forced sale).
No purchase offer
The seized goods will be sold at public auction (forced sale).
Forced Sale Terms
Forced sale (public auctions) is possible when there has been no amicable sale.
The forced sale shall take place within one month of the date of seizure.
But a maximum of 15 days can be added, to allow time for the creditor to decide whether to accept or reject a purchase proposal as part of an amicable sale.
Announcement of sale
Forced sale (public auction) is usually held in the auction room.
It is advertised by posters, at the town hall of your home and at the place of sale, at least 8 days before.
The Commissioner of Justice informs you of the place, the day and the time of the sale at least 8 days before.
Selling progress
The invitation to tender is made to the highest bidder, after 3 auctions.
The price is payable in cash.
For each property sold, a bill of sale indicates the following information:
- Well sold
- Amount of sale
- Buyer Identity
Repayment of creditor
Within one month of the sale, the Commissioner of Justice
- remits to the creditor the amount due (including interest and costs)
- and give you the balance of the proceeds of the sale, if this balance is positive.
But if the amount of the sale is not sufficient to repay the creditor in full, the amount remaining due to him is increased by statutory interest rate from the month following the sale.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- House of Justice and the Law
General provisions
Listing of seized goods
Multiple creditors
General provisions
Entry: place and date
Seizure at the debtor's premises
Seizure at another person's house
Contestation of foreclosure
Reimbursement
Enforcement order: L111-3
FAQ
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