EXECUTORY MEASURES

Executory measures allow a creditor who has obtained a court order against its debtor to pay a sum of money to force the latter to settle the amount owed or to enforce the latter’s obligation subject of the order.

Seizure for attribution opposable to any other creditor including joint actions (banks or any third party)
Seizure for attribution allows the creditor to block amounts owed by any third party (including banking institutions) to the debtor and to be paid as a priority creditor from the blocked funds.

Seizure and sale of personal property
These measures allow the creditor to place its debtor’s personal property in the Court’s hands for the purpose of forced sale.

Seizure of terrestrial motor vehicles (- by immobilisation - by declaration of the prefecture)
These measures allow a creditor to seize its debtor’s vehicle for the purpose of selling it or rendering it unavailable for use and thereby preventing its sale by the debtor.

Seizure of company shares or securities
These measures allow the creditor to seize its debtor’s securities or associate rights for the purpose of the sale thereof.

Seizure of money
These measures allow for the seizure of money from the debtor’s home.

Seizure of assets in safe-deposit box
These measures allow the creditor to seize the debtor’s assets held in a safe-deposit box for the purpose of the sale thereof.

Seizure of ground crops (within 6 week period before maturity)
These measures allow the creditor to seize ground crops belonging to the debtor within the 6 weeks preceding the normal time of maturity.

Seizure of real property
These measures allow the creditor to require the court-ordered sale of its debtor’s real property.

Seizure of salary / fees
These measures allow the creditor to seize its debtor’s salaries in the amount of the portions distrainable.

Total sale of business concern
These measures allow the creditor to require the global forced sale of the debtor’s business concern.

Registration of mortgage ordered by court
The effect of these measures is to allocate the debtor’s real property to a guarantee of payment of the sums owed to its creditor.

Registration of security
The effect of these measures is to allocate the debtor’s business concern to a guarantee of payment of the sums owed to its creditor.

Inquiries to the Head of the Prosecution department at Court of First Instance
These measures allow inquiries to be made through the Head of the Prosecution department of the Court of First Instance to find a debtor (individual) who has disappeared or to obtain information such as the whereabouts of the debtor’s bank account, employer’s address to the exclusion of any other information.

Action for attribution of goods held
These measures allow the creditor to obtain attribution to it of ownership of goods in its possession belonging to the debtor (only applicable to transport companies in case of the debtor’s bankruptcy).

Action for sale of goods held
This measure allows the creditor to require the forced sale through the court of personal property in its possession and belonging to its debtor.

Action for judicial adjustment (bankruptcy declaration)
Should its debtor be insolvent, the creditor can require that the debtor is declared bankrupt.

Conversion of protective measures into executory measures
Executory measures may derive from the conversion of protective measures.
E.g.: - attachment of debts converted into seizure for attribution - provisional registration of mortgage converted into a definitive registration