What is the seizure of property procedure?
Seizure is a procedure to seize your debtor's claims for a certain amount of money in the hands of a third party. If your debtor does not pay, but someone else owes him money under another contract, you can ask him to pay you directly. This procedure prevents the money from going through your debtor and saves time.
How do I do it?
It is necessary to obtain a writ of execution first. It is impossible for you to proceed to this seizure yourself. Here is the procedure to follow:
- The bailiff must serve the seizure on your debtor
- The bailiff has 8 days to report the seizure to your debtor
- Your debtor has 1 month to contest the seizure
- If there is no dispute within this period, your debtor's debtor pays you directly, instead of paying your debtor
It is also possible that this procedure concerns the debtor's bank accounts. In this case, the creditor will seize the debtor's accounts through the bank. It will be possible to set up protective attachments for this purpose.
The seizure is therefore an effective way to obtain the repayment of your debt following a payment order procedure.