If your nerves are put to the test by a customer who looks down on your raises and still has the means to pay you, the law can help. Attribution seizure is a procedure for directly recovering debts from the debtor’s bank. This punchy measure often pays off. Under what conditions is it possible, and how does it take place? Discover the essential in a few points.
Seizure-attribution: why and how?
If the seizure-attribution is a practical approach, it must respect a strict procedure; otherwise, it will not be valid.
Only with an enforceable title obtained from the judge or a notary can one go and find the bailiff. As a ministerial officer responsible for the execution of court decisions, the latter will thus be able to issue the seizure-attribution act. All that remains is to do with the service of this deed on the bank.
Banks are required to disclose to the bailiff the existence of all accounts opened in the debtor’s name. During 15 days, all these accounts will be frozen to make it possible to collect the sums necessary for the settlement of the debt. It should be noted that all accounts are concerned, except, however, of life insurance, securities on deposit (stocks and bonds), and the contents of safes.
Good to know: the seizure-attribution only concerns the recovery of liquid sums; the seizure cannot relate to the material . The competent bailiff is that of the debtor’s domicile.
Attention, to be valid, the act must respect the rules enacted by article 648 of the Code of Civil Procedure. He must not omit a certain number of information, including the date, the creditor’s identity, the signature and contact details of the bailiff, the designation of the debtor, etc.
If the bailiff does not notify the debtor by denunciation within eight days, the procedure is subject to cancellation.
The consequences for the debtor
We suspect that a seizure-attribution procedure harms the debtor. If the law provides that a lump sum (equivalent to the amount of the RSA) is left at his or her disposal for his food needs, he or she cannot, moreover, touch his cash. He or she will indeed have to wait 15 days before being able to go to the cash machine or pay for his purchases by card.
However, he or she can save time by contacting the judicial officer. By committing to honor his/her debt, by accepting a schedule for example, he/she is entitled to ask for the measure to be lifted. If he contests the measure, the debtor also has the possibility of informing the high court which is mentioned on the deed. He must notify the bailiff by registered letter and his bank by simple letter. The attachment will then be suspended until the execution judge renders his/her decision. Sometimes the dispute is accepted for only part of the sum. It is the judge who then decides the amount that can be entered into the account.
In the absence of recourse or a show of hands, the bank proceeds to the sums’ payment due to the creditor within one month. The judicial officer obtains the payment by presenting to the bank a certificate attesting that no appeal has been requested. He/she can also offer an order certifying that the judge has dismissed the debtor. Entering debts directly on account of a debtor is a process strictly governed by law. It has the advantage of catching a dishonest debtor by the speed by not preventing certain situations that he or she flees “with the cash.”