Can you be evicted from your home during an over-indebtedness procedure?
Verified 21 January 2021 - Directorate for Legal and Administrative Information (Prime Minister)
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The debt overhang is rented
If the expulsion has been ordered, the debt relief commission may, as soon as the file on over-indebtedness is declared permissible, apply to the court for the judge to temporarily suspend the expulsion measures.
However, in cases of urgency and after the decision on admissibility, the judge may be seised by one of the following persons:
- Chairman of the Committee or his delegate
- Local representative of the Banque de France
- Tenant (by declaration delivered or addressed to the court registry) using the form cerfa n°15930:
The suspension of eviction measures is only authorized by the judge if the tenant's situation so requires.
The judgment can be appealed.
The suspension of expulsion measures is granted for a maximum period of 2 years and until one of the following events:
- Adoption of a conventional recovery plan
- Decision of measures imposed
- Judgment pronouncing a personal reinstatement without judicial liquidation
- Judgment opening proceedings personal reinstatement with judicial liquidation
The debt overhang owns
If the forced sale (auction) has been ordered, the debt overhang may, upon filing of its debt distress report, call on the over-indebtedness commission to intervene. He must explain why he is making this request (serious causes) and provide proof of it.
The committee then refers the matter to the judge responsible for foreclosure of immovable property for an extension of the date tendering procedure and therefore postponing the eviction of the owner.
The judge's decision is notified by registered letter with request for acknowledgement of receipt to the over-indebted and to the creditors.
The commission is notified by simple letter.
There is no appeal of the judgment.
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- Consumer Code: Articles L721-1 to L721-7Referral to the over-indebtedness commission
- Consumer Code: Articles R721-1 to R721-8Judgment of the request for deferral of foreclosure
- Consumer Code: Articles L722-2 to L722-5Admissibility of the file: suspension and prohibition of enforcement proceedings and transfer of remuneration
- Consumer Code: Articles L722-6 to L722-9Admissibility of the case: suspension of expulsion measures
- Consumer Code: Articles R722-9 to R722-10Judgment of the application for suspension of expulsion
- Code of Civil Enforcement Procedures: Articles R322-1 to R322-72Application for suspension of seizure of immovable property: Article R322-16
- Construction and housing code: article L613-1Suspension of the enforcement of expulsion orders
- Circular of 1 April 2021 on the procedure for dealing with situations of over-indebtedness of individuals
- Admissibility of the over-indebtedness dossierService-Public.fr
- File a debt distress reportService-Public.fr
- Relationship between over-indebtedness and lease terminationNational Agency for Housing Information (Anil)